Ninth Circuit rules California's open carry law unconstitutional
California’s long-standing ban on openly carrying handguns just got shot down by a federal court, and the Second Amendment is standing tall.
On Friday, January 3, 2026, a three-judge panel from the Ninth Circuit Court of Appeals delivered a ruling that’s got gun rights advocates cheering and state bureaucrats scrambling. The ruling is a full-on challenge to restrictive gun policies that many law-abiding citizens have long found suffocating.
In a nutshell, the Ninth Circuit panel, in a 2-1 decision, declared that California’s prohibition on open carry violates the constitutional right to bear arms, failing to align with historical traditions as required by the 2022 Bruen ruling.
Imagine not facing the constant threat of fines or prosecution just for exercising a right enshrined at our nation’s founding. This isn’t about wild west shootouts; it’s about ensuring folks aren’t criminalized for defending their livelihoods.
Historical Roots of Open Carry Upheld
Let’s rewind to 2011, when California first clamped down with its open carry ban, effectively telling citizens their rights came with an expiration date. Fast forward to January 3, 2026, and the Ninth Circuit panel—led by Trump appointees Lawrence VanDyke and Kenneth Kiyul Lee—said, not so fast. Their majority opinion didn’t mince words, rooting their decision in the deep historical tradition of openly carrying firearms in America.
“The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” wrote Judge VanDyke, driving home the point with clarity. If it was good enough for the Founding Fathers—and protected when the Fourteenth Amendment was ratified—why should California get a pass to rewrite the rules? This isn’t progressive innovation; it’s a power grab that’s just been called out.
The dissenting voice, George W. Bush appointee N. Randy Smith, couldn’t sway the majority, and frankly, his objection feels like clinging to a sinking ship of overregulation. Most states across the country treat open carry as the standard, lawful way to bear arms. Why should Californians be treated like second-class citizens on such a fundamental right?
California’s Licensing Sham Exposed
Here’s where it gets even stickier: the panel didn’t strike down California’s requirement for open carry permits, but they threw serious shade at the state’s track record. California has zero—yes, zero—records of issuing even a single open carry license. Is this incompetence, or a deliberate roadblock to keep law-abiding folks disarmed?
“California admits that it has no record of even one open-carry license being issued, and one potential reason is that California has misled its citizens about how to apply for an open-carry license,” noted the panel, as reported by KCRA. If that doesn’t smell like bureaucratic stonewalling, what does? It’s almost as if the state is daring citizens to jump through hoops that don’t even exist.
Maybe this ruling will cause state officials to stop playing politics with constitutional rights and start serving the people, but we can't count on this being the end of the battle.
Next Steps in the Legal Fight
California isn’t out of moves yet—they can appeal this ruling and ask for an en banc review by a larger Ninth Circuit panel. Don’t hold your breath for a quick resolution, though; these fights tend to drag on while citizens wait for clarity. The question is, will the state double down on a losing hand, or finally respect the constitutional framework?
The Bruen decision from 2022, which demands that modern gun laws align with founding-era principles, was the linchpin for this ruling. California’s ban couldn’t muster the historical evidence to pass muster, and the panel made that crystal clear. This isn’t judicial activism; it’s a return to original intent, something conservatives have been championing for decades.
Let’s not pretend this ruling fixes everything overnight for gun owners in the Golden State. The permit system still stands, and without licenses being issued, the practical impact might be muted for now. Still, it’s a crack in the armor of restrictive policies that have long frustrated law-abiding citizens.
Gun Rights Advocates Gain Ground
For those who’ve watched California pile on gun control measures like they’re handing out candy, this decision feels like a long-overdue correction. It’s not about turning streets into battlegrounds; it’s about ensuring that rights aren’t trampled under the guise of safety. The Second Amendment isn’t a suggestion—it’s a guarantee.
As this case potentially heads to a broader court review, the stakes couldn’t be higher for both sides. Gun rights supporters see a chance to roll back years of overreach, while state officials are likely gearing up for another round of legal wrangling. One thing’s certain: this debate is far from over.
So, what’s the takeaway for regular folks just trying to navigate their rights in a state that often seems hostile to them? This ruling is a reminder that the Constitution still has teeth, even in places where it’s been sidelined by progressive agendas. Stay tuned—California’s next move might just tell us how far they’re willing to push against the tide of history.






