"A panel of the San Francisco-based ninth US circuit court of appeals sided 2-1 with a gun owner in ruling that the state's prohibition against open carry in counties with more than 200,000 people violated the US constitution's second amendment right to keep and bear arms. About 95% of the population in California, which has had some of the nation's strictest gun-control laws, live in counties of that size."
"US circuit judge Lawrence VanDyke, who was appointed by Donald Trump, said the Democratic-led state's law could not stand under the US supreme court's 2022 landmark gun rights ruling. That decision, New York State Rifle & Pistol Association v Bruen, was issued by the court's 6-3 conservative super-majority and established a new legal test for firearm restrictions. The test said guns must be consistent with this nation's historical tradition of firearm regulation."
A US appeals court panel ruled California's ban on openly carrying firearms in counties with populations over 200,000 unconstitutional under the Second Amendment. The 2-1 decision noted that the Supreme Court's 2022 Bruen ruling requires firearm regulations to align with the nation's historical tradition. Judge Lawrence VanDyke, joined by another Trump appointee, found open carry to be a longstanding historical practice predating the Bill of Rights. The ruling referenced California's Mulford Act of 1967 and its racial context, noted that over 30 states allow open carry, and observed California allowed unloaded open carry until 2012.
Read at www.theguardian.com
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