California's Open Carry Ban Overturned by Federal Court
Los Angeles, Saturday, 3 January 2026.
On January 2, 2026, a federal appeals court deemed California’s open carry ban unconstitutional, affecting 95% of the state’s population and sparking debate over Second Amendment rights.
The Court’s Decision
The 9th U.S. Circuit Court of Appeals, based in San Francisco, ruled that the ban violated the Second Amendment rights of residents in counties with populations exceeding 200,000 [1][2]. This decision impacts a significant portion of the state, as the ban affected approximately 95% of California’s population [1][2]. The ruling, delivered on January 2, 2026, highlights the ongoing tension between gun control measures and individual rights [1].
Partisan Divide Among Judges
The appellate panel’s decision revealed a clear partisan divide [3]. U.S. Circuit Judges Lawrence VanDyke and Kenneth Kiyul Lee, both appointees of former President Donald Trump, supported the ruling [1][2]. In contrast, U.S. Circuit Judge N. Randy Smith, an appointee of former President George W. Bush, dissented in part [1][2]. VanDyke, who authored the ruling, stated that open carry is a part of the nation’s history and tradition, clearly protected at the time of the Founding and the adoption of the Fourteenth Amendment [1][2][3].
Dissenting Opinion and State Response
Judge N. Randy Smith argued that while a state cannot prohibit both open and concealed carry, it can regulate one manner of carry to ensure public safety, provided that an alternative method of carrying firearms is available [1][2]. Following the ruling on January 2, 2026, a representative for the California attorney general’s office stated that they are reviewing the opinion and considering all options, reaffirming their commitment to defending California’s ‘commonsense gun laws’ [1][2].
The Genesis of the Case
The case originated from a 2019 challenge by Mark Baird, a resident of Siskiyou County, who contested the state’s open-carry ban and the stringent licensing requirements for open-carry permits even in rural counties [1][2][3]. Baird claimed he was unable to obtain an open-carry permit despite living in a county with a population of approximately 42,500 [3]. While the court struck down the ban, it upheld the state’s open-carry permit process [1][2].