Major Legal Wins in California – Is the Tide Turning?

If you live in California, it can sometimes feel like politics is a one-sided affair. After all, there is a supermajority in our legislature! But in just the last few weeks, higher courts have stepped in and delivered major blows to some of the most aggressive policies our state government has treated as untouchable. From gun rights, to parental rights, to immigration enforcement, we are watching federal judges remind California of something it has tried so hard to forget: the Constitution still applies here.

I’m breaking it all down for you below and showing you how these rulings are proof that the tide CAN turn, even in the bluest state in the country.

Second Amendment Rights

The first major court ruling we need to be aware of focuses on gun rights - and the news on this topic is HUGE. As we’ve talked about before, California has one of the strictest regimes in the country when it comes to gun rights, and it specifically is restricted when it comes to carrying a gun. Our state is heavily regulated regarding the ability to open or even concealed carry a gun.

In California, you cannot legally carry a firearm concealed in public without a permit.[1] That applies to handguns and usually to any firearm capable of being concealed. A Concealed Carry Weapons (CCW) permit must be issued by a county sheriff or city police chief.[2]

Applicants for a CCW must typically be at least 21 years old and legally eligible to own a firearm; complete a background check, fingerprinting, and firearms training, including live-fire proficiency; and a how “good moral character” under objective criteria.[3]

But here’s the real kicker: CCW permits are “may-issue” in practice, meaning local sheriffs have discretion on issuance.[4] This leads to wide variation in how easy (or hard) it is to get one from place to place, all depending on where you live in California and how gun-friendly they are.

You may be wondering, if it’s so hard to conceal carry, what about open carry? Well, that doesn’t exist in our state. California has long prohibited open carry of loaded firearms in almost all public places.[5] Even with a permit, California defines a long list of sensitive places where carrying a weapon is prohibited - including schools and playgrounds, parks and recreation areas, government buildings and polling places, libraries, stadiums, museums, restaurants that serve alcohol and many indoor public spaces, and public transit and transit hubs. So basically, where can you carry a gun here???

But! There was HUGE news announced at the beginning of this year. A Ninth Circuit panel ruled on January 2nd that California’s near-statewide ban on open carry in counties with populations above 200,000 – where roughly 95 % of Californians live – violates the Second Amendment.[6] They said this kind of ban is inconsistent with the Second Amendment because there’s no historical tradition justifying such a broad prohibition.

It’s important to note that the question being answered by the court is NOT, “Is open carry a good idea?” The question they are answering is, “Does the Second Amendment allow California to ban open carry for most of the state?” Whether or not you like guns, courts exist to uphold the protection of our rights under our federal and state constitutions, and that is exactly what this ruling was based upon.

So, what does this mean for California gun owners? Well, this doesn’t immediately legalize open carry everywhere – the ruling must be formally mandated before it takes effect, and the state is, of course, expected to appeal and seek a full Ninth Circuit review.[7] But, it does open the door to a full review of the laws that have just become commonplace to us in our state.

It also promises further eyes on the full-blown authoritarianism that we see with the gun laws in our state and speaks reason and rationality into them. It argues from the Constitution that the Second Amendment doesn’t just protect owning a gun in your home, it protects the right to bear arms – meaning to carry them.

According to the court, if concealed carry is heavily restricted and open carry is also broadly prohibited, then the state is functionally eliminating the right to carry at all – which is exactly where we are at in our state, and it isn’t right.

This case is a perfect example of how federal courts are increasingly saying that California cannot treat constitutional rights as optional. That is a good message to send to our state leaders.

Parental Rights

But, gun rights are not the only category of rights being looked into by higher courts this year, because just a few weeks before this Ninth Circuit ruling, Judge Roger Benitez – who serves as a judge for the United States District Court for the Southern District of California – ruled in favor of protecting and restoring parental rights as well.

If you’ll recall, on this show we’ve talked a lot about the laws and policies passed in recent years in California that work to allow schools to hide information from parents about their children – specifically when it concerns their gender identity. Bills like AB 1955, which prohibits California public schools from requiring teachers or school employees to disclose a student's gender identity to the student’s parents without the student's consent, while also banning retaliation against staff for concealing that information.[8] Which really is just code for – teachers can’t get in trouble for indoctrinating children against their parents’ values and then hiding that information from the parents in the name of “students’ rights.” This violates every fundamental law of nature that says parents have the right to raise their children as they see fit, in accordance with their values and beliefs.

But! The federal court ruling blocked enforcement of that law on the basis that the “rights of parents to direct the medical care and religious upbringing of their children long predate any proclaimed responsibility of the state over children in the United States.” Judge Benitez wrote:

“California’s public school system parental exclusion policies place a communication barrier between parents and teachers … The state defendants are, in essence, asking this court to limit, and restrict a common-sense and legally sound description by the United States Supreme Court of parental rights. That, this court will not do.”[9]

LET’S GO! Finally, some common sense and decency being upheld in our state! He cites the Fourteenth Amendment which has been recognized as giving parents the right to care and make medical decisions for their children, he cites the First Amendment which gives parents the right to train their children in their sincerely held religious beliefs, he shows how AB 1955 is overbroad and is not backed by evidence to prove how it protects children, and ultimately he hands the power back into the hands of parents to do what is best for their children.[10]

Now, there is already pushback to this ruling. A federal appeals court blocked enforcement of the decision in early January,[11] and Governor Newsom himself claimed on his podcast that the ruling would be struck down. But this is still a victory nonetheless, and a huge step forward in restoring parental rights in our state.

Rulings like these build momentum toward change, as they recognize the fundamental insanity of the laws passed in our state that strip parents of their basic rights, as well as encourage others to speak out. In fact, two weeks ago the U.S. Department of Education announced findings from an investigation into the California Department of Education, which stated:

“The California Department of Education egregiously abused its authority by pressuring school officials to withhold information about students’ so-called ‘gender transitions’ from their parents. Under Gavin Newsom’s failed leadership, school personnel have even bragged about facilitating ‘gender transitions,’ and shared strategies to target minors and conceal information about children from their own families.”[12]

As a result of the investigation, which is sparked by important rulings like the one in December, the federal government is outlining ways they will be working to hold California accountable for its recklessness and change course in the state. This is a BIG WIN for parents and children in our state!

Federal Immigration Enforcement

And most recently, not only are we making headway in our gun rights, or in restoring our parental rights in the Golden State – we are also winning on the immigration front. Because on Monday of this week, yet another federal judge ruled that California’s ban on ICE officers from wearing masks was unenforceable and violated the Constitution’s supremacy clause.[13] (Take that, Gavin Newsom!) 

The Trump Administration had filed a lawsuit late last year challenging the law, as violence against immigration enforcement officers has increased by over 1,000% in the last year – and U.S. Attorney General Pam Bondi called the recent court ruling a key court victory.[14]

And really, we all saw that this law was ridiculous. For one thing, Californis is completely fine with rioters and looters wearing masks to hide their identities as they set things on fire and loot family businesses in the name of “fighting authoritarianism.” So the idea that then they are morally outraged by law enforcement officers actually taking measures to defend themselves from the violence, chaos, and danger that our very lawmakers have stoked and encouraged? Yeah, we never bought that as genuine.

Judge Snyder argued in her ruling that the law was discriminatory as it only applied to the federal government, but she did uphold that ICE officers had to display clear identification…which they already do. So, yet another example of a legal win for common sense and conservatism in our crazy liberal state.

Politics Matter

Now, all of that sounds great, but you might be thinking: it doesn’t substantially change anything today, and there are still further legal battles to come. Why care about these court rulings? All of this matters - not just because laws are being overturned (although yes that matters!), but because it shows us that our engagement in politics, our election of good leaders at every level, really does have an impact.

It’s easy in California as a conservative to think that you have no chance for change, that even if our federal government champions our values, that California can insulate itself away from those changes. And I understand that, because a lot of the time that’s what our leaders TRY to do. We saw this even when looking at California’s newest health policies last week - Governor Newsom is trying to block federal influence from reaching our state. But instead of giving up when that happens, we must continue calling it out. We must call authoritarianism and foolishness out when we see it. Why? Because it causes a ripple effect that leads to real change down the line.

The reason these rulings are coming down now – on California gun laws, parental rights, and federal authority – is because the courts are applying the Constitutional framework that we have been fighting to conserve. We don’t just give up on defending what is right – just and equal application of the law, inherent human rights given by God and recognized by government, and the curbing of government overreach. Even when change doesn’t happen immediately, even when bad actors are the ones in power – we don’t push back simply to “win,” we push back because we are fighting to conserve what is good and true. And then we see that time and truth go hand in hand, and that when fair leaders and judges who are committed to true application of the principles of our Constitution are in power, that the truth wins out.

This is the perfect time to point out that this is why you vote, even when you lose. This is why you celebrate a good President coming into power, even when your Governor disagrees with him. This is why you stay informed, even when you feel powerless to individually make change. And it’s the perfect time because this is especially important this year. We are not going to quit before we get started. We are going to examine candidates for Governor, we are going to show up to vote, and we are going to do so full of hope and not dread. We must reject fatalism. And we must do so for the sake of our communities our state, and our country.

Gun laws matter in our state because every person has the right to defend themselves through the ability to bear arms – and we should not look away when our state makes that impossible. Parental rights matter in our state because the government is not a good parent, and as Christian or conservative you should not have to worry about your government protecting someone else’s ability to raise your child without your input or consent. Immigration rights matter in our state because law enforcement should be empowered and supported to do just that – enforce the law – to make our communities safer places to live and to raise our families. All of these policies matter because they affect real people, real lives, and they have the impact to either promote prosperity or destruction.

So, big changes could be heading to our state. It won’t be linear, there will be pushback and bumps in the road and more setbacks than steps forward. But we keep moving forward in faith that doing the right thing – albeit harder at times – is worth it for our children, for our neighbors, and for our souls.

References:

[1] “Firearm Laws in California,” n.d. https://firearmlawsbystate.com/states/ca.cfm.

[2] State of California - Department of Justice - Office of the Attorney General. “Regulations: Uniform Carry Concealed Weapons Licenses,” March 6, 2024. https://oag.ca.gov/firearms/regs/uniformccwl.

[3] LegalClarity California. “Supreme Court Ruling Changes California Concealed Carry Law - LegalClarity,” December 14, 2025. https://legalclarity.org/supreme-court-ruling-changes-california-concealed-carry-law/.

[4] KW Defense. “Navigating California Concealed Carry Laws | KW Defense.” The Range Indoor Shooting & Training (blog), August 30, 2023. https://kwdefense.com/navigating-california-concealed-carry-laws/#:~:text=California%20is%20a%20%22may%2Dissue%22%20state%2C%20which%20means,or%20attacks%20*%20Professions%20involving%20substantial%20risk.

[5] The Associated Press. “California Law Banning Most Firearms in Public Is Taking Effect as the Legal Fight Over It Continues.” NBC News, December 31, 2023. https://www.nbcnews.com/news/us-news/california-law-banning-firearms-public-taking-effect-legal-fight-conti-rcna131757.

[6] Reuters. “California’s Ban on Openly Carrying Guns Is Unconstitutional, Appeals Court Rules.” NBC News, January 4, 2026. https://www.nbcnews.com/politics/politics-news/california-open-carry-ban-unconstitutional-appeals-court-rules-rcna252007.

[7] All About Lawyer. “Can You Open Carry in California? Court Says Yes—But the Ruling Hasn't Taken Effect yet 2026,” January 26, 2026. https://allaboutlawyer.com/can-you-open-carry-in-california-court-says-yes-but-the-ruling-hasnt-taken-effect-yet-2026/.

[8] “California Becomes First State to Ban Forced Outing in Schools With the Signing of AB 1955: The SAFETY Act,” July 26, 2024. https://www.lacoe.edu/news/2024-07-26-california-first-state-ban-forced-outing-schools.

[9] Welsch, Quinn. “Judge Blocks California Schools From Enforcing Policy Preventing ‘forced Outing.’” Courthouse News Service, December 22, 2025. https://www.courthousenews.com/judge-blocks-california-schools-from-enforcing-policy-preventing-forced-outing/.

[10] Ibid.

[11] Walsh, Mark. “Appeals Court Blocks Ruling Bolstering Parental Rights Over Gender Identity.” Education Week, January 7, 2026. https://www.edweek.org/policy-politics/appeals-court-blocks-ruling-bolstering-parental-rights-over-gender-identity/2026/01.

[12] U.S. Department of Education. “U.S. Department of Education Finds California Department of Education Violated Federal Law by Hiding Students’ ‘Gender Transitions’ From Parents,” January 28, 2026. https://www.ed.gov/about/news/press-release/us-department-of-education-finds-california-department-of-education-violated-federal-law-hiding-students-gender-transitions-parents.

[13] Kerr, Dara. “Federal Judge Blocks California From Enforcing ICE Mask Ban.” The Guardian, February 10, 2026. https://www.theguardian.com/us-news/2026/feb/09/judge-california-ice-masks.

[14] Ibid.