For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

9th U.S. Circuit Court of Appeals

Sep. 8, 2023

Challenge to gun open carry penalties can proceed

The opinion favorably quotes other circuit court opinions that make it sound as if California will have a difficult time justifying its open carry laws under Bruen’s “history and tradition” standard.

Challenge to gun open carry penalties can proceed
9th Circuit Judge Lawrence VanDyke wrote that a federal trial judge applied the wrong standard in analyzing a challenge of the state's penalties for carrying an unlicensed firearm. Photo by Shutterstock

The 9th U.S. Circuit Court of Appeals on Thursday revived a lawsuit by two California firearm owners who argue that state law imposing criminal penalties for the unlicensed open carry of a handgun in California’s most populous counties violates their Second Amendment rights.

Chief U.S. District Judge Kimberly J. Mueller of Sacramento rejected the men’s bid for a preliminary injunction, but 9th Circuit Judge Lawrence VanDyke — an appointee o...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up



By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.