San Francisco, Calif. — A federal appeals court has ruled that California’s prohibition on the open carry of firearms in densely populated areas is unconstitutional. The 9th U.S. Circuit Court of Appeals announced its decision Friday, declaring that the ban infringes on individuals’ Second Amendment rights to possess and carry arms.

The court’s ruling specifically affects counties with populations exceeding 200,000, effectively impacting around 95% of California’s residents. In a close 2-1 vote, the majority opinion was authored by Judges Lawrence VanDyke and Kenneth Kiyul Lee, both appointed by former President Donald Trump. Judge N. Randy Smith, appointed by President George W. Bush, dissented from the majority view.

VanDyke, reflecting on the implications of the ruling, pointed to a significant Supreme Court decision from 2022, which made it easier for citizens to carry firearms publicly. This landmark case, known as New York State Rifle & Pistol Assn. vs. Bruen, established a historical framework for assessing the constitutionality of state gun regulations. According to VanDyke, California’s urban ban on open carry does not align with this established legal precedent.

He asserted that open carry has deep roots in American history, being safeguarded at the time of the nation’s founding and throughout subsequent constitutional developments. In his opinion, the state’s concerns about public safety and potential chaos arising from open carry were challenges that have existed since the nation’s inception.

“Historically, the open carry of firearms has been a lawful means of possession for most of our nation’s history,” VanDyke wrote. He noted that over 30 states currently allow open carry, including several with large urban centers.

In contrast, Judge Smith argued in his dissent that as long as concealed carry options are available, California could constitutionally restrict open carry for safety reasons. He emphasized that states retain the authority to limit certain forms of carrying firearms to better protect public safety, provided that other options remain intact.

The case originated from challenges posed by Mark Baird, a resident of Siskiyou County, who opposed both the ban on open carry and the stringent licensing regulations for obtaining open carry permits in rural areas. While the court deemed the open carry prohibition unconstitutional, it upheld the state’s process for acquiring open carry permits.

A spokesperson from the California attorney general’s office stated that the office is focused on defending the state’s gun laws and will be reviewing the recent court decision to determine potential next steps. Legal representatives for Baird did not immediately comment on the ruling.