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In a significant development, a federal appeals court has struck down a California statute that restricts open carry of firearms in its more densely populated counties, deeming it unconstitutional. This decision emerged on Friday from the 9th U.S. Circuit Court of Appeals, where two out of three judges on the panel sided against the existing legislation.
The state law in question allowed open carry only in counties with populations under 200,000, a policy the judges argued contradicts the Second Amendment. They emphasized that this effectively amounts to a blanket prohibition on open carry in urban locales, which are home to 95% of California’s residents.
However, the panel was not unanimous. The dissenting judge contended that California retains the right to impose such restrictions in its more populated areas, citing the availability of concealed carry permits throughout the state as a counterbalance.
This ruling is the latest chapter in the ongoing national discourse over gun legislation, particularly in California, a state known for enacting a series of stringent gun control measures over the years. The decision could have profound implications on how firearms regulations are shaped moving forward.
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.
“It’s a very significant opinion,” Michel said, adding that a key question in the case is how a 2022 Supreme Court decision expanding gun rights should be applied.
The press office for Gov. Gavin Newsom said in a statement on social media that the state’s law was carefully crafted to comply with the Second Amendment.
“California just got military troops with weapons of war off of the streets of our cities, but now Republican activists on the Ninth Circuit want to replace them with gunslingers and return to the days of the Wild West,” the statement said.