California ban on open carry of firearms ruled unconstitutional by appeals court

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California’s ban on the open carry of firearms in most parts of the state is unconstitutional, a San Francisco-based federal appeals court ruled Friday.The 9th U.S.

Circuit Court of Appeals determined that the ban, which applied to counties with populations greater than 200,000, violates residents’ 2nd Amendment right to keep and bear arms.Under those regulations, 95% of the state’s population was subject to the ban.

The 2-1 opinion was supported by two appointees of President Trump, U.S.Circuit Judges Lawrence VanDyke and Kenneth Kiyul Lee.

U.S.Circuit Judge N.

Randy Smith, an appointee of former President George W.Bush, dissented.VanDyke, writing for the majority, stated that California’s urban ban on open-carry permits does not stand under the Supreme Court’s landmark gun rights ruling New York State Rifle & Pistol Assn.

vs.Bruen.

That 2022 decision made it much easier to carry a gun in public by striking down laws that required people to show a special need for self-defense.California A Trump-appointed appellate court judge broke with his colleagues in a California gun case by posting a “dissent video” to YouTube of him manipulating firearms in his judicial chambers.It also established a test for determining whether a state’s gun regulations violate the Constitution by requiring that restrictions are consistent with “the historical tradition that delimits the outer bounds of the right to keep and bear arms.”VanDyke wrote in his opinion that California’s open-carry ban fails this test.“The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” he wrote.

“It was clearly protected at the time of the Founding and at the time of the adoption of the Fourteenth Amendment.”He further noted that California’s rationale for the restriction — that open carry has the potential to create pani...