Sacramento, California– A federal appeals panel has ruled that a California law banning the open carry of firearms in densely populated counties is unconstitutional.
The ruling was handed down Friday by two judges on a three-judge panel of the 9th U.S. Circuit Court of Appeals. The justices found that the state’s policy of restricting open carry to counties with fewer than 200,000 residents was inconsistent with the Second Amendment.
“California’s legal system is a complete ban on open carry in urban areas — areas of the state where 95% of the population lives,” they said in the decision.
The dissenting judge disagreed and said California could limit open carry in more populated areas because it allows concealed carry throughout the state.
The ruling comes amid a long-running debate over gun laws in the United States and California, which has passed a series of restrictions.
This came after Siskiyou County resident Mark Byrd filed a lawsuit asking the courts to restore the historic practice of allowing open carry.
Chuck Michel, President of California Rifle & The Pistol Association said it expects state officials will seek review of the ruling by the full appeals court.
“It’s a very important opinion,” Michel said, adding that the main question in this case is how 2022 Supreme Court decision expanding gun rights should be applied.
Gov. Gavin Newsom’s press office said in a statement on social media that the state law was carefully drafted to comply with the Second Amendment.
“California has just taken military forces equipped with military weapons off the streets of our cities, but Republican activists in the 9th District now want to replace them with gunslingers and return to the days of the Wild West,” the statement read.