Please ensure Javascript is enabled for purposes of website accessibility
Federal Court Challenges California's Open Carry Handgun Ban
News
By News
Published 7 months ago on
September 10, 2023

Share

California’s prohibition on the open carry of handguns without a license is under increased legal scrutiny following a federal appellate court ruling.

A conservative three-judge panel from the U.S. 9th Circuit Court of Appeals found that a lower court had overstepped its authority by refusing to suspend enforcement of the laws while their constitutionality is being questioned. The case has been sent back to the lower court for further analysis.

The 9th Circuit court did not rule that enforcement should be stopped but provided guidance on how the lower court should conduct the reevaluation. Legal experts suggest this could make it more challenging for California to prove its laws are constitutional.

Penalties for Unlicensed Open Carry Remain

The plaintiffs in the lawsuit, Mark Baird and Richard Gallardo, expressed satisfaction with the court’s decision and anticipate a quick reassessment by the district court. The state Attorney General’s office, which is defending California’s laws, stated it is reviewing the decision and will respond accordingly. Officials there also emphasized that penalties for unlicensed open carry of firearms are still in effect.

This case is one of many contesting California’s gun laws. These challenges have gained momentum after last year’s U.S. Supreme Court ruling that restrictions on firearms infringe on the 2nd Amendment if they are not deeply rooted in the country’s history or comparable to some historical rule. This principle, known as the “Bruen test,” has significantly changed the way gun regulations are examined when individuals challenge them as unconstitutional.

California typically prohibits residents of counties with over 200,000 inhabitants from openly carrying handguns, with some exceptions. In smaller jurisdictions, residents can apply for open-carry licenses, although these are hard to obtain.

Baird and Gallardo initially filed a lawsuit against these laws over four years ago, arguing they infringe on their 2nd Amendment right to bear arms for self-defense.

Read more at Los Angeles Times.

RELATED TOPICS:

DON'T MISS

Dem House Challengers Salas, Gray Flex Fundraising Muscle

DON'T MISS

Career-High Strike Outs for Ryan Weathers as Marlins Best Giants 6-3

DON'T MISS

LeBron’s Lakers Top Pelicans in Play-in, Set up Playoff Rematch With Nuggets

DON'T MISS

Storm Dumps Record Rain and Floods Dubai’s Airport

DON'T MISS

Mookie Betts Matches Career Best with 5 Hits in Dodgers’ 6-2 Victory Over Nationals

DON'T MISS

Klay Thompson Misses All 10 Shots in Potential Last Game With the Warriors

DON'T MISS

NBA Bans Jontay Porter for Life After Probe Shows He Bet on Games

DON'T MISS

Carbon Capture Isn’t Nearly as ‘Green’ as Fossil Fuel Promoters Make It Sound

DON'T MISS

Southern California City Council Gives Key Approval for Disneyland Expansion Plan

DON'T MISS

Tesla Wants Shareholders to Reinstate CEO Elon Musk’s $56 Billion Pay Package

UP NEXT

Coalition: CA Lawmakers Need to Roll Back Proposed ‘Utility Tax’

UP NEXT

Paris Hilton Backs California Bill to Bring More Transparency to Youth Treatment Facilities

UP NEXT

Ex-Marine Gets 9 Years in Prison for Firebombing California Planned Parenthood Clinic

UP NEXT

California Officials Sue Huntington Beach Over Voter ID Law Passed at Polls

UP NEXT

Why Tortillas Sold in California May Be Forced to Add a New Ingredient

UP NEXT

Palestinian Supporters Block Golden Gate Bridge in Nationwide Protest

UP NEXT

Bureau of Prisons to Close California Women’s Prison Where Inmates Have Been Subjected to Sex Abuse

UP NEXT

How California Legislators Got More Than $1.4 Million in Travel and Gifts in 2023

UP NEXT

Sacramento Gave Homeless Camp a Lease as an Experiment. Here’s What Happened.

UP NEXT

Oakland Officials Vote to Include ‘San Francisco’ in Airport’s Name

Storm Dumps Record Rain and Floods Dubai’s Airport

2 hours ago

Mookie Betts Matches Career Best with 5 Hits in Dodgers’ 6-2 Victory Over Nationals

2 hours ago

Klay Thompson Misses All 10 Shots in Potential Last Game With the Warriors

2 hours ago

NBA Bans Jontay Porter for Life After Probe Shows He Bet on Games

2 hours ago

Carbon Capture Isn’t Nearly as ‘Green’ as Fossil Fuel Promoters Make It Sound

2 hours ago

Southern California City Council Gives Key Approval for Disneyland Expansion Plan

2 hours ago

Tesla Wants Shareholders to Reinstate CEO Elon Musk’s $56 Billion Pay Package

3 hours ago

Myanmar’s Ousted Leader Suu Kyi Moved From Prison to House Arrest Due to Heat, Military Says

3 hours ago

Vital Climate Tool or License to Pollute? The Battle Over CA’s First Carbon Capture Project

3 hours ago

Boeing in the Spotlight as Congress Calls a Whistleblower to Testify About Defects in Planes

3 hours ago

Dem House Challengers Salas, Gray Flex Fundraising Muscle

Rudy Salas and Adam Gray have lots to brag about with the latest fundraising tallies for congressional candidates. Both are former Democrati...

1 hour ago

1 hour ago

Dem House Challengers Salas, Gray Flex Fundraising Muscle

1 hour ago

Career-High Strike Outs for Ryan Weathers as Marlins Best Giants 6-3

1 hour ago

LeBron’s Lakers Top Pelicans in Play-in, Set up Playoff Rematch With Nuggets

2 hours ago

Storm Dumps Record Rain and Floods Dubai’s Airport

2 hours ago

Mookie Betts Matches Career Best with 5 Hits in Dodgers’ 6-2 Victory Over Nationals

2 hours ago

Klay Thompson Misses All 10 Shots in Potential Last Game With the Warriors

2 hours ago

NBA Bans Jontay Porter for Life After Probe Shows He Bet on Games

2 hours ago

Carbon Capture Isn’t Nearly as ‘Green’ as Fossil Fuel Promoters Make It Sound

MENU

CONNECT WITH US

Search

Send this to a friend