Ninth Circuit Panel Finds California Open Carry Ban Unconstitutional

A three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled Friday that California’s ban on open carry of handguns runs afoul of Bruen (2022) and violates the Second Amendment.

The Los Angeles Times noted that the panel issued a 2-1 ruling in which Trump appointees Lawrence VanDyke and Kenneth Kiyul Lee voted in the majority. George W. Bush appointee N. Randy Smith was the dissenting judge.

VanDyke wrote the opinion for the panel, noting that California’s ban–which was adopted in 2011–fails the Bruen test, which requires modern day gun controls to be demonstrably supported by founding-era law and intention.

He wrote…

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