"The 2-1 decision from the 9th Circuit Court of Appeals leaned heavily on the Supreme Court's 2022 decision in New York State Rifle & Pistol Assn. vs. Bruen, which dictates that any gun regulation must be "consistent with this nation's historical tradition" of gun laws. Writing for the majority in last week's ruling, Judge Lawrence VanDyke argued that because open carry was not prohibited in early America, California cannot ban it today."
"As a result of this decision, Californians may soon be able to apply for a permit to carry a firearm openly - much as they can today apply for a permit to carry one concealed. Angelenos and San Diegans will be able to carry handguns on their hips as they stroll through town, as if they were looking for a shootout in a Sergio Leone western."
The 9th Circuit struck down California's longstanding ban on open carrying of firearms, invoking the Bruen standard that requires historical analogues for gun regulations. The majority concluded that because open carry was not broadly prohibited in early America, a contemporary ban cannot stand and the court dismissed the state's public-safety justifications absent similar 18th- or 19th-century bans. The ruling would permit Californians to seek open-carry permits akin to concealed-carry permits, enabling visible handgun carriage in urban areas. Practical uptake may be limited because open carry provokes confrontation and exclusion from private property, but the decision's rigid historical reasoning could undermine many modern gun-safety laws.
Read at Los Angeles Times
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