California laws banning unlicensed people from openly carrying handguns in public are under greater legal threat after a court decision Thursday.
Thanks to the Supreme Court, cases challenging California’s gun laws have been focused more on distant history than the weapons’ modern threat.California generally bars people who live in counties with more than 200,000 residents from openly carrying handguns, though there are some exceptions. People who live in jurisdictions with fewer than 200,000 residents, such as Baird and Gallardo, can apply for open-carry licenses from local law enforcement, but such licenses are also difficult to obtain.
However, the lower court did not do that, VanDyke wrote. Instead, he said, it simply denied the injunction on the grounds that it could “endanger public safety” by temporarily depriving California of its “primary means of limiting public handgun carrying to ‘ordinary, law-abiding citizens.’” With Bruen, the Supreme Court said that gun laws are legitimate only if they existed or are sufficiently similar in some way to laws that existed in 1791, when the 2nd Amendment was passed, or 1868, when the 14th Amendment was passed. The latter amendment prohibits states from depriving people of property without due process of law.
VanDyke wrote that because states were already grappling with gun violence in 1791 and 1868, California had to show a “distinctly similar” historical law to its current open-carry laws in order for the latter to be constitutional today — and not just “any general firearm regulation California might unearth” from the past.
VanDyke was joined in his ruling by circuit judges N. Randy Smith, who was appointed by President George W. Bush, and Kenneth K. Lee, a Trump appointee.
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