01/03/2026

The Ninth Circuit Court of Appeals has just delivered a major victory for the Second Amendment, striking down California’s effective ban on open carry in a landmark ruling that reaches far beyond the state.

In Baird v. Bonta, the court held that California’s prohibition on open carry in counties with populations over 200,000 is unconstitutional under the Second and Fourteenth Amendments. Applying the Supreme Court’s Bruen framework, the panel found that open carry is deeply rooted in the nation’s history and tradition and was clearly protected at the time of both the Founding and Reconstruction.

Writing for the majority, Judge VanDyke emphasized that California failed to produce any historically relevant analog justifying its urban open carry ban. The court made clear that banning open carry outright cannot survive constitutional scrutiny, especially when history shows open carry was common—and often preferred—during the founding era.

While the ruling leaves California’s rural licensing scheme intact for now, it sends the case back to the district court with instructions to enter judgment against the state’s urban open carry ban. A concurring opinion further criticized California for effectively denying open carry licenses altogether, despite claiming they are available.

This decision affects every state within the Ninth Circuit’s jurisdiction, including Hawaii, Oregon, Washington, Alaska, and others. Although California may seek an en banc rehearing or attempt further delays, the ruling represents a powerful affirmation that the right to bear arms includes public carry.

For gun owners across the Ninth Circuit, this is a significant step forward—and one that reinforces the Supreme Court’s message in Bruen: the Second Amendment is not a second-class right.