Ninth Circuit Reconsiders California's Open Carry Ban En Banc

The Ninth Circuit ordered an en banc rehearing of California's open carry firearm restrictions case.

California's longstanding restrictions on openly carrying firearms, particularly in densely populated counties exceeding 200,000 residents, are once again under judicial scrutiny. A three-judge panel of the Ninth Circuit Court of Appeals initially ruled on January 2, 2026, that the state's open carry ban violates the Second Amendment.

However, on April 15, 2026, the Ninth Circuit vacated this ruling and ordered an en banc rehearing of the case. The full court is set to hear oral arguments during the week of June 1, 2026, according to an official California Department of Justice bulletin.

Until the en banc panel issues its final decision, California's ban on openly carrying firearms in large counties remains enforceable. This judicial process highlights ongoing tension over the breadth of Second Amendment protections.

The Second Amendment Foundation has submitted an amicus brief advocating for striking down the ban, emphasizing historical precedent. Kostas Moros, SAF Director of Legal Research and Education, noted, "The plain text of the Second Amendment protects the right to bear arms – openly or concealed – and open carry has been the default manner of lawful carry for most of American history."

The outcome could significantly impact gun regulation not only in California but also in other states within the Ninth Circuit’s jurisdiction.

What's next: The Ninth Circuit will hold en banc oral arguments in early June 2026, with a final ruling still pending.