Federal Appeals Court Rules California’s Open Carry Ban Unconstitutional: What It Means for Gun Rights in 2026
In a significant victory for Second Amendment advocates, a federal appeals court has struck down California’s longstanding ban on openly carrying firearms in populous counties. The January 2026 ruling by the Ninth Circuit Court of Appeals declares the restriction unconstitutional, marking another shift in the landscape of U.S. gun laws following the Supreme Court’s landmark 2022 Bruen decision.
The Ruling: Key Details
On January 2, 2026, a three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled 2-1 that California’s prohibition on open carry in counties with populations over 200,000 residents violates the Second Amendment. This ban affects approximately 95% of California’s population, as it applies to nearly all urban and suburban areas.
U.S. Circuit Judge Lawrence VanDyke, writing for the majority (joined by another Trump appointee), stated:
“The historical record makes unmistakably plain that open carry is part of this nation’s history and tradition.”
The court emphasized that open carry predates the ratification of the Bill of Rights in 1791 and found no analogous historical regulations justifying a blanket ban in populated areas. The panel partially reversed a 2023 lower-court decision upholding the law and remanded the case with instructions to rule in favor of the plaintiff on this specific challenge.
Senior Circuit Judge N. Randy Smith (a George W. Bush appointee) dissented, arguing that the majority “got this case half right” and that California’s restrictions align with the Supreme Court’s framework.
The ruling does not affect open carry licensing in smaller, rural counties (under 200,000 residents) or broader concealed carry rules.
Background on California’s Open Carry Laws
California has some of the nation’s strictest gun control measures. Open carry of loaded firearms has been heavily restricted for decades, with roots tracing back to the 1967 Mulford Act—passed in response to armed patrols by the Black Panthers. Until 2012, residents could openly carry unloaded handguns in holsters without a permit.
The challenged law effectively banned open carry (even unloaded) in most of the state, leaving concealed carry as the primary option for public bearing of arms—subject to permitting requirements.
The case originated in 2019 when gun owner Mark Baird challenged the ban, arguing it infringed on his right to bear arms for self-defense.
Reactions and Next Steps
- Gun Rights Advocates: Celebrated the decision as a restoration of constitutional rights, emphasizing historical precedents for open carry.
- State Officials: The office of California Attorney General Rob Bonta is reviewing options, with no immediate comment on appeals.
- Implications: If upheld, the ruling could restore open carry rights for millions in urban California, though practical enforcement and potential stays remain uncertain.
This case underscores the evolving interpretation of the Second Amendment in the post-Bruen era, balancing public safety concerns with individual rights.