Jan 2, 2026 - Politics & Policy

California's open carry gun ban unconstitutional, federal court rules

Julianna Bragg

Person wearing jeans and white shirt with a gun on their hip while other people stand behind holding American flags — An attendee wears a gun on their hip during a candlelight vigil and prayer event for Charlie Kirk on Sept. 10, 2025, in Seattle, Washington. Photo by David Ryder/Getty Images

A U.S. appeals court on Friday struck down a California law that prohibited people from openly carrying guns in most public places.

The big picture: The San Francisco-based Court of Appeals for the Ninth Circuit ruling, citing a recent U.S. Supreme Court decision, said the ban violates Californians' Second Amendment rights and conflicts with "this Nation's history and tradition."

Driving the news: California had banned openly carrying firearms in counties with a population greater than 200,000 people.

In a 2-1 decision, the judges said that previously Californians were free to carry unloaded handguns openly and holstered for self-defense.
However, the judges said California joined the minority of states that have "adopted such severe restrictions," effectively banning open carry "for the overwhelming majority of its citizens."
The majority opinion relied heavily on a 2022 Supreme Court ruling striking down a New York law that had required people applying to get a license to carry a concealed weapon to show that they have "proper cause" to carry a gun.

Worth noting: In a dissenting opinion, Judge N. Randy Smith argued that banning openly carrying guns is constitutional because California allows weapons to be carried concealed.

Go deeper: New California law banning guns in most public places takes effect

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California's open carry gun ban unconstitutional, federal court rules

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