• A federal appeals court rules California's open carry ban unconstitutional.
• The decision affects approximately 95% of the state’s population.
• The ruling references the Supreme Court's 2022 gun rights decision.
• Legal experts express differing opinions on the implications of the ruling.
• The California attorney general's office considers its options moving forward.

A U.S. appeals court has ruled that California's ban on openly carrying firearms in most areas of the state is unconstitutional. This decision, rendered by the 9th U.S. Circuit Court of Appeals, determined that the ban violates the Second Amendment right to keep and bear arms and primarily affects approximately 95% of Californians who reside in counties with populations greater than 200,000, which are subject to the restriction according to Reuters, Los Angeles Times, and South China Morning Post.

The court's ruling was a 2-1 decision supported by U.S. Circuit Judges Lawrence VanDyke and Kenneth Kiyul Lee, both appointees of former President Donald Trump. The majority opinion stated that California's law cannot withstand scrutiny under the U.S. Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which established that gun regulations must align with the nation’s historical traditions regarding firearms, according to Reuters and Los Angeles Times.

In his opinion, Judge VanDyke emphasized that "open carry" has been a historical practice in the U.S. that existed prior to the ratification of the Bill of Rights, highlighting that "more than 30 states generally allow open carry." The judges noted that California had previously permitted open carry until 2012, raising questions about the state’s rationale for enforcing such stringent restrictions, according to South China Morning Post and Los Angeles Times.

Despite the ruling on open carry, the court upheld California's licensing requirements for cases involving counties with populations under 200,000. Judge N. Randy Smith, who dissented, argued that the court's decision was only partially correct, indicating that a state retains the ability to regulate one method of carrying firearms to ensure public safety, according to Reuters and Los Angeles Times.

Following the ruling, California Attorney General Rob Bonta's office stated it is "committed to defending California's commonsense gun laws" and is currently reviewing the opinion to assess its options for potential legal action, reflecting the state's intent to uphold its firearms regulations amidst changing judicial landscapes according to Reuters, Los Angeles Times, and South China Morning Post.