Appeals panel says California's ban on open carry in more populated counties is unconstitutional

"The judges found that the state's policy of limiting open carry to counties with a population of less than 200,000 is inconsistent with the Second Amendment. California's legal regime is a complete ban on open carry in urban areas the areas of the state where 95% of the people live, they said in the decision. The dissenting judge disagreed and said California could limit open carry in more populated areas because it allows for concealed carry throughout the state."

"The ruling comes in a long-running debate over gun laws in the United States and in California, which has passed a series of restrictions. It came after Mark Baird, a Siskiyou County resident, filed a lawsuit asking the courts to restore the historical practice of open carry being allowed. Chuck Michel, president of the California Rifle & Pistol Association, said he expected state officials will seek a review of the ruling by the full appeals court."

A federal appeals panel held that California's policy restricting open carry to counties with populations below 200,000 is inconsistent with the Second Amendment. The panel described the policy as a de facto ban on open carry in urban areas where 95% of residents live. A dissenting judge argued California may restrict open carry in more populated areas because the state permits concealed carry statewide. The case was brought by Siskiyou County resident Mark Baird seeking restoration of historical open carry. California officials and advocacy groups signaled likely further legal review and disagreement over applying a 2022 Supreme Court decision expanding gun rights.

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