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SACRAMENTO, Calif. – A federal appeals court has declared that a California statute banning the open carrying of firearms in densely populated regions is unconstitutional.
This decision was handed down on Friday by a two-judge majority from the 9th U.S. Circuit Court of Appeals. They determined that the state’s restriction, which limits open carry to counties with populations under 200,000, violates the Second Amendment.
The ruling highlighted that “California’s legal framework effectively amounts to a total prohibition of open carry in urban zones, where 95% of the state’s population resides,” according to the judges’ opinion.
However, a dissenting judge argued that California retains the right to restrict open carry in more heavily populated areas since it permits concealed carrying throughout the state.
This judgment has emerged amidst a persistent national debate on gun control, particularly in California, which has enacted numerous firearm regulations.
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.
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