TL;DR California (among other states in the 9th circuit) can still require a permit to carry, provided the permit is shall-issue and in line with *Bruen*. However they cannot blanket ban open carry, so (presumably) if you have a permit to carry in CA, you can now carry open or concealed.
The Dissent says that Open carry can be banned if conceal carry is allowed.
#HOWEVER
This decision is very new. If you live in CA do not go open carrying. The judgement could be granted an emergency stay, and it is almost 100% likely that cops do not know about it yet, and could arrest you and confiscate your firearm.
This would be 100% legal for them to do under Qualified Immunity. Because while the court has struck down said ban, departments have not had time to inform and train their officers yet. Also cops don’t even need to know the law, they just need to reasonably believe they do (*Heien v. NC*). So unless you want to spend the night in a holding cell and pay a couple hundred/thousand in legal fees, I’d hold off on open carrying until the dust settles.
1 Comment
2-1 Circuit split. Almost a 100% chance it gets pulled up En Banc.
[Opinion](https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/02/24-565.pdf)
TL;DR California (among other states in the 9th circuit) can still require a permit to carry, provided the permit is shall-issue and in line with *Bruen*. However they cannot blanket ban open carry, so (presumably) if you have a permit to carry in CA, you can now carry open or concealed.
The Dissent says that Open carry can be banned if conceal carry is allowed.
#HOWEVER
This decision is very new. If you live in CA do not go open carrying. The judgement could be granted an emergency stay, and it is almost 100% likely that cops do not know about it yet, and could arrest you and confiscate your firearm.
This would be 100% legal for them to do under Qualified Immunity. Because while the court has struck down said ban, departments have not had time to inform and train their officers yet. Also cops don’t even need to know the law, they just need to reasonably believe they do (*Heien v. NC*). So unless you want to spend the night in a holding cell and pay a couple hundred/thousand in legal fees, I’d hold off on open carrying until the dust settles.
Don’t be stupid.