Appeals Court Strikes Down California Open-Carry Ban, Raising Safety Concerns

A recent ruling by the 9th U.S. Circuit Court of Appeals striking down California’s ban on openly carrying firearms in most populated areas raises serious concerns about how expanded gun visibility could affect communities of color. The court sided 2–1 with a gun owner, finding that California’s prohibition on open carry in counties with more than 200,000 residents violated the Second Amendment. Because roughly 95% of Californians live in such counties, the decision has wide-reaching implications for daily life in cities and suburbs where Black and Brown residents are disproportionately concentrated.

Writing for the majority, Judge Lawrence VanDyke said the case “unquestionably involves a historical practice, open carry, that predates ratification of the Bill of Rights in 1791,” adding that “the historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition.” He emphasized that more than 30 states allow open carry and noted that California permitted the practice without penalty until 2012. The ruling leans heavily on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires modern gun restrictions to align with historical tradition.

For communities of color, however, the real-world impact of more people openly carrying firearms cannot be separated from lived experience. In neighborhoods that already face over-policing, racial profiling, and heightened suspicion, visible firearms may escalate everyday encounters, intensify fear, and increase the risk of deadly misunderstandings. The same act, openly carrying a gun, can be perceived very differently depending on who is doing it, potentially placing Black and Brown residents at greater risk of confrontation or harm.

Senior Judge N. Randy Smith dissented, arguing his colleagues “got this case half right” and that California’s restrictions complied with Supreme Court guidance. Meanwhile, the state signaled it is not backing down. A spokesperson for Attorney General Rob Bonta said, “We are committed to defending California’s common sense gun laws,” and confirmed the office is weighing next steps.

Although the court rejected a related challenge to licensing rules in smaller counties and a separate 2024 ruling upheld firearm bans in “sensitive places” like parks and stadiums, this decision still opens the door to more guns in public spaces. For communities of color, that shift raises urgent questions about safety, equity, and whose lives are most likely to be endangered by an expanded right to openly carry firearms.

Link:  NBCNews