Appeals panel says California's ban on open carry in more populated counties is unconstitutional
This story raises questions about governance, accountability, and American values.
The usual coverage treats this ruling as a shock to “common-sense” safety policy, as if the only serious question is whether cities feel more comfortable with fewer visible firearms. That framing skips the harder issue: California tried to carve a constitutional right into a patchwork that changes at the county line. A ban targeted at “more populated” areas isn’t neutral.
New Republican Times Editorial Board
A federal appeals panel has ruled that a California law prohibiting open carry of firearms in heavily populated counties is unconstitutional.
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New Republican Times Editorial Board
The usual coverage treats this ruling as a shock to “common-sense” safety policy, as if the only serious question is whether cities feel more comfortable with fewer visible firearms. That framing skips the harder issue: California tried to carve a constitutional right into a patchwork that changes at the county line.
A ban targeted at “more populated” areas isn’t neutral. It invites officials to label ordinary, law-abiding citizens as presumptively suspect the moment they cross into a political jurisdiction. That erodes equal protection under the law and turns a fundamental liberty into a privilege for the connected.
The panel’s point is simple: constitutional rights don’t shrink with population density. If lawmakers want safety, they should focus on criminal enforcement, mental health interventions, and illegal gun trafficking, not broad restrictions that mainly burden compliant people.
Public trust depends on rule of law that applies consistently. When rights become contingent on where you live, the institution that weakens first is legitimacy.
Commentary written with AI assistance by the New Republican Times Editorial Board.