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Started By
Message
California ban on openly carrying guns is unconstitutional, court rules
Posted on 1/2/26 at 7:00 pm
Posted on 1/2/26 at 7:00 pm
A win for Constitutional Rights
Victory in California
quote:
Jan 2 (Reuters) - A U.S. appeals court on Friday ruled that California's ban on openly carrying firearms in most parts of the state was unconstitutional.
A panel of the San Francisco-based 9th U.S. Circuit Court of Appeals sided 2-1 with a gun owner in ruling that the state's prohibition against open carry in counties with more than 200,000 people violated U.S. Constitution's Second Amendment right to keep and bear arms.
About 95% of the population in California, which has had some of the nation's strictest gun-control laws, live in counties of that size.
U.S. Circuit Judge Lawrence VanDyke, who was appointed by Republican President Donald Trump, said the Democratic-led state's law could not stand under the U.S. Supreme Court's 2022 landmark gun rights ruling.
That decision, New York State Rifle & Pistol Association v Bruen, was issued by the court's 6-3 conservative super-majority and established a new legal test for firearms restrictions. The test said they must be "consistent with this nation's historical tradition of firearm regulation."
VanDyke, whose opinion on Friday was joined by another Trump appointee, said the latest case "unquestionably involves a historical practice — open carry — that predates ratification of the Bill of Rights in 1791."
Victory in California
6
Posted on 1/2/26 at 7:02 pm to Slick Wandoo
This sounds too good to be true. Surely it will be appealed and overturned by an Marxist appeals court???
Posted on 1/2/26 at 7:30 pm to lake chuck fan
This is an appellate decision. It would have to go to a rehearing or the Supreme Court next and there’s a very near 0% chance USSC would take the writ given they recently addressed gun rights.
Posted on 1/2/26 at 7:34 pm to Slick Wandoo
open carry is so gay
ccw for 20+ yrs
ccw for 20+ yrs
Posted on 1/2/26 at 7:46 pm to beaux duke
quote:
open carry is so gay ccw for 20+ yrs
What’s even more gay is making a comment like this which has zero relevance too the fundamental right to open carry a firearm.
Posted on 1/2/26 at 7:50 pm to Meauxjeaux
quote:
What’s even more gay is making a comment like this which has zero relevance too the fundamental right to open carry a firearm.
I mean, open carry is pretty dumb. If someone is going to commit a crime, they know who to take out first.
I guess if you want to make yourself the first target, more power to you.
This post was edited on 1/2/26 at 7:58 pm
Posted on 1/2/26 at 7:57 pm to beaux duke
quote:
open carry is so gay
Every Marxist dictator in history agrees with you.
Posted on 1/2/26 at 7:58 pm to SpecialK_88
quote:
I mean, open carry is pretty dumb. If someone is going to go do a crime, they know who to take out first.
I guess if you want to make yourself the first target, more power to you.
Posted on 1/2/26 at 9:04 pm to Meauxjeaux
quote:
What’s even more gay is making a comment like this which has zero relevance too the fundamental right to open carry a firearm.
i don't disagree with open carry. knock yourself out
still gay
Posted on 1/2/26 at 9:40 pm to SpecialK_88
quote:
I mean, open carry is pretty dumb. If someone is going to commit a crime, they know who to take out first.
I guess if you want to make yourself the first target, more power to you.
But doesn't mean they don't have the right to do it. You lefties truly are an anti-American bunch.
For me, this helps protect the people who do conceal carry, but their gun may get shown when they move about. Ie...the Karen who gets all freaked out when a guy helps her grab something from the top shelf, and his shirt lifts up for her to see his gun.
Posted on 1/2/26 at 9:41 pm to Slick Wandoo
That's huge coming from the 9th Circuit.
Posted on 1/2/26 at 9:52 pm to SpecialK_88
quote:
I mean, open carry is pretty dumb. If someone is going to commit a crime, they know who to take out first.
I guess if you want to make yourself the first target, more power to you.
I don't open carry and I never advocated in my classes for it ..... but it does basically negate the old printing concerns that caused a lot of good people a lot of problems and headaches.
It's a major win from the 9th Circuit, which in and of itself is bigger than most realise.
VanDyke is a 2A ally ... and I think Tung, Bress, Nelson, and Lee are finally on board as well.
Posted on 1/2/26 at 10:03 pm to scrooster
quote:
I don't open carry and I never advocated in my classes for it
i'd bet every dime i have you have more gun expertise than i do
agree
Posted on 1/2/26 at 10:06 pm to Slick Wandoo
News fact: “Guy jerks off at a public park in front of children”
CNN: “Man accused of relieving stress, out on bail”
CNN: “Man accused of relieving stress, out on bail”
Posted on 1/2/26 at 10:08 pm to Slick Wandoo
That’s a solid win for us.
Question though regarding this
How does county population come into play exactly? Shouldn’t matter if the population was 1 or 1,000,000
Question though regarding this
quote:
that the state's prohibition against open carry in counties with more than 200,000 people violated U.S. Constitution's Second Amendment right to keep and bear arms.
How does county population come into play exactly? Shouldn’t matter if the population was 1 or 1,000,000
Posted on 1/2/26 at 10:26 pm to HagaDaga
quote:
But doesn't mean they don't have the right to do it. You lefties truly are an anti-American bunch.
For me, this helps protect the people who do conceal carry, but their gun may get shown when they move about. Ie...the Karen who gets all freaked out when a guy helps her grab something from the top shelf, and his shirt lifts up for her to see his gun.
Where did I say you don't have the right to do it? Is reading a struggle for you?
All I said is open carry makes no logical sense, as all you are doing is one of two things:
1. Freak out the Karen's.
2. Make yourself the first target of someone else with a gun.
There's simply no benefit to the open carrier except for "muh ritez".
Posted on 1/2/26 at 10:44 pm to beaux duke
quote:
i'd bet every dime (that) i have (that) you have more gun expertise than i do.
agree(d?)
I dunno ... maybe. Probably.
But the Constitutional Carry thing is a really big deal out there on the left coast ... it's also a big deal for the country, for our Constitutional Rights.
I'm waiting for Mark W Smith over at the Four Boxes Diner to publish his take and break it down for us. I don't see where William K Kirk has opined on it yet either.
Wait, Kirk on Washington Gun Law just uploaded the news. Huge.
I just watched it ... I met Smith and Kirk at the Advocates Diner up at GOALS in Knoxville this past summer ... two good guys.
Apparently there is now an en banc panel waiting to review what the three judge panel just did ... I still think they slap California down when all is said and done.
This post was edited on 1/2/26 at 10:49 pm
Posted on 1/2/26 at 10:54 pm to Slick Wandoo
SHALL NOT BE INFRINGED.
Posted on 1/2/26 at 10:55 pm to scrooster
quote:
I dunno ... maybe. Probably.
for sure
i don't think we see eye to eye but i've always considered your posts insightful and interesting
i don't recall your exact background but when i was in college, general sam wilson was the president of my college in va. the morning of april 19, 1995, i was in the cafeteria eating breakfast with some of my idiot friends. i'll never forget this. general sam sat down at our table and said "boys, some news is getting ready to break and i want you all to be ready for it". 5 minutes later the tvs cut to cnn about the oklahoma city bomb
Posted on 1/2/26 at 10:58 pm to SpecialK_88
Who the hell cares if you agree with open carry?? It’s a constitutional right, period.
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