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Court Rules California's Open Carry Ban Unconstitutional

1/3/2026

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Story summary
  • On January 2, 2026, the 9th U.S. Circuit Court of Appeals ruled that California's ban on openly carrying firearms in most areas violates the Second Amendment.
  • The court, in a 2-1 decision, sided with Mark Baird, a gun owner, citing Bruen (2022).
  • Judge Lawrence VanDyke, of the 9th U.S. Circuit Court of Appeals, emphasized open carry is a historical practice protected by the Constitution.