The 9th Circuit Court in Baird v. Bonta reversed and remanded the district courts order denying an injunction. When doing so on September 7th the 9th said the district must issue its NEW decision quickly which it has failed to do and now its causing problems and Bairds attorneys are getting involved.

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So today I have a very important update for you in Beard v. Bon, which is the case that challenges California's ban on open carry. Last month, I made a video talking about an important decision by the 9th Circuit Court of Appeals that actually reversed a District Court judge's opinion that there should not be an injunction against enforcement of California's ban on open carry. The District Court judge in that case basically took this case and said, "Well, I don't like it. I don't like open carry. I think it's dangerous, it doesn't really serve the public good, so I'm not even going to look at the merits of this case, just going to deny the injunction outright without even really going through the process or the steps." And so that was a problem that went up to the 9th Circuit Court of Appeals. The 9th Circuit said, "You missed a few steps here, you didn't do things correctly. We're going to reverse your decision denying the injunction, and we're going to remand it back down to you, and you have to do this expeditiously. We want to see a decision in this case very quickly because this case has been going on for about four years now, and the plaintiffs are still waiting on whether or not they can even get a preliminary injunction, let alone a summary judgment. So there's a lot going on here, and we have a new development as of just a couple of days ago. So I want to talk to you guys about that because this could have some big implications on what happens next.

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Okay, so let's go and talk about what's going on here. So it looks like the District Court is not just ignoring Bruin, but they're also ignoring the 9th Circuit. Now, we know that the 9th Circuit is not friendly to the Second Amendment. Everybody has seen what's happened recently in Duncan v. Bon, which is the mag ban case. I mean, they ignored processes there, they ignored their own rules, and used the two-step approach instead of text, history, and tradition, and sided with the state of California yet again in another attempt to delay and deny people their constitutional rights. So we know that the 9th Circuit isn't friendly, but the 9th Circuit in this case, at least, did see that the District Court didn't do its job before denying the injunction. So they again reversed and remanded the denial of the injunction back down to the District Court. Now, this happened on September 7th. It is now the 16th of October, and we have still seen nothing from the District Court. The District Court was expressly told by the 9th Circuit, "We want to see something soon. We want to see something quickly because it looks like in this case the plaintiffs have a good chance of winning on the merits." And so the District Court needs to take a look at that. But it hasn't. Again, the District Court is completely ignoring the 9th Circuit and has come out with pretty much nothing at this point. Now, there are arguments set up for November 3rd in that District Court for a summary judgment in this case. But that doesn't take away the fact that we have still been looking for an injunction until that summary judgment could come out. We have been looking for an injunction, and the court needs to address that.

So the lawyers for Beard decided that, well, we're going to take this back up to the 9th Circuit and make them aware that the District Court is ignoring their order. And so what they did is they came out with this letter right here that they sent to the 9th Circuit. I want to read this to you guys because it's very interesting. So this is a letter addressed to the 9th Circuit Court of Appeals, dated October 11th, 2023, from the Bellaton Law Firm, which represents Beard in Beard v. Bon. It says here, "Regarding Beard v. Bon, Your Honors, I represent the plaintiffs/appellants in the above-referenced matter. By opinion dated September 7th, 2023, this court reversed and remanded the District Court's denial of appellants' motion for a preliminary injunction for failing to apply the proper preliminary injunction standard for a case raising a constitutional challenge, specifically the District Court abused its discretion by declining to assess appellants' likelihood of success on the merits of their Second Amendment claim. The District Court was instructed to complete its re-evaluation of the requested preliminary injunction and issue a decision expeditiously, as this case has been ongoing for more than four years. The court may recall that the state's opposition to appellants' preliminary injunction motion contained no historical evidence. The state relied solely on public safety anecdotes to justify its regulations, which should have resulted in a prompt decision from the District Court upon remand. In light of the test in NYSRPA v. Bruin, 35 days have passed (and now it's actually been more, but it says here 35 days have passed) since the court's instruction to the District Court, yet no decision has been rendered. The parties are also in the midst of briefing their respective motions for summary judgment. The return date is November 3rd, 2023. Appellants posit that the District Court may delay determination of the preliminary injunction motion until the summary judgment motions are fully submitted and/or decided. Appellants further believe that the District Court may search for information outside the four corners of the preliminary injunction motion to reach its decision. Appellants respectfully request that the court issue further instructions to the District Court accordingly. Thank you for your attention and consideration."

In California, the court system is stacked so hard against us that we have to now go back to the 9th Circuit and say, "Hey, the court's not even listening to you, right? You're the highest court in California. You cover pretty much the entire western part of the United States, and the District Court won't even listen to your orders." We think what they're trying to do here is they're trying to delay us until possibly late November, after everything has been filed, and they have a chance to figure out whether or not they're going to issue a summary judgment or not, in which case then they might tell us about whether or not they're willing to grant an injunction in this case. At the time of this letter, which was at the 11th, at that time it had been 35 days since the court ordered the District Court to come up with a decision expeditiously, which it has not.

In California, they ban open carry, which is clearly unconstitutional with the laws surrounding concealed carry being so difficult to actually do that you need to have one form for somebody to be able to defend themselves in their constitutionally protected ways as they leave their home in California. That is extremely difficult. So this court knows that and they're simply denying everything upfront, moving around with their activism and ignoring other court's decisions. They ignored Bruin, they didn't look at text, history, and tradition, they simply looked at the two-step approach and public safety and state's interest, and they didn't look at the merits of the case and whether or not the plaintiffs have a likelihood of winning on those merits. They just simply ignored all of that and said, "We're going to deny your injunction."

The 9th Circuit being the court that they are is really surprising, says, "Even you can't do that." So we're going to go ahead, and we're going to send this back down to you, and we want to hear a decision on this really quick so that it can probably go back up to us. And then, you know, we can put a stay on the injunction, but at least you need to do your job, so we don't look bad up here. That's not happening right now. Now, with all the press and everything being highlighted that's wrong with the 9th Circuit right now, I actually think, and this is again just me trying to be optimistic, I actually think that the 9th Circuit, if this judge is forced to grant an injunction in this case, and then California asks for a stay on that injunction with the 9th Circuit, I think the 9th Circuit, wanting to kind of move some of or shift some of its focus away from its recent decisions, might actually not grant that stay on the injunction. And so we could get lucky and see open carry allowed back in California very soon. I think in the end, I think we're going to see Duncan and Miller and Bar and Roie and all of these cases. All of them are going to be overturned eventually. I think whether they end up at the 9th Circuit en banc or whether they go up to the Supreme Court, I think we're going to be seeing a ton of wins in California very soon. But California is just really, really good. The California court system is really, really good at delaying things and making things bounce around through existence. So I think we're going to see a win in these, but this particular one, we might see a win fairly soon. So, and hopefully so, the people of California have been without their rights for far too long, and it's time that the courts actually hold up the rule of law, which is written in our constitution, instead of what their own activism tells them that they would like to see happen, their own personal feelings and favoritism as the outcome, rather than, again, the rule of law, which they swore an oath to uphold and protect.

So again, it's just another delay tactic. This is all just delay tactics and semantics to get the outcome that they want. But the court is absolutely ignoring the 9th Circuit. They're ignoring all precedent, and they're just doing what they want. That's kind of how things work in California, and it's sad to see because they're supposed to be impartial, and they're not. And this is clearly showing you that they're not. I wanted to let you guys know about that. I'm hoping that we'll get a response from the 9th Circuit on this one soon, and the 9th Circuit will tell that judge, "Hey, it's been a month and a half. It's time for the decision now. You need to come up with that decision or else we will." That's what I want to hear. And we'll see what happens from there. But anyway, again, I wanted to update you guys on this case because I think open carry is at least an important part of our constitutional rights that should be addressed more often. So, again, thank you all very much for watching. Please like, subscribe. You guys have a great day.