SAF FILES AMICUS WITH NINTH CIRCUIT IN OPEN CARRY CASE
The Second Amendment Foundation filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit demanding California's open carry ban be struck down. The case, Baird v. Bonta, won at the three-judge panel level but now faces potential en banc review by the full circuit court. SAF joined multiple pro-gun organizations in the brief filed May 6, 2026. California Attorney General Rob Bonta has consistently defended the state's restrictions on openly carrying firearms in public. The Ninth Circuit's decision will affect gun rights across nine western states including Washington, Oregon, and Alaska. This marks another front in SAF's ongoing legal campaign against carry restrictions following the Supreme Court's Bruen decision.
Background and Context
California banned open carry of unloaded firearms in 2012 under AB 144, following an earlier 2011 law that prohibited open carry of loaded weapons. The state requires concealed carry permits for lawful carry, but operates a may-issue system that often denies applications. Plaintiffs in Baird v. Bonta argued this creates an unconstitutional situation where citizens cannot exercise Second Amendment rights either openly or concealed. The original three-judge panel ruled 2-1 that California's near-total prohibition on public carry violated the Constitution. Judge Diarmuid O'Scannlain wrote the majority opinion citing historical traditions of armed self-defense. California petitioned for en banc review, which would involve all active Ninth Circuit judges rehearing the case. SAF has won multiple Second Amendment cases in recent years, including McDonald v. Chicago at the Supreme Court level.
What This Means for Gun Owners
If the Ninth Circuit upholds the panel decision, California must allow some form of public carry - either open or concealed. Gun owners in restrictive Ninth Circuit states would gain stronger legal precedent for challenging local carry bans. Washington State gun owners already enjoy shall-issue concealed carry, but the ruling could affect municipal restrictions on carry in parks or government buildings. Oregon and Hawaii maintain may-issue systems that could face successful legal challenges. The decision affects approximately 65 million Americans living in Ninth Circuit states. Gun rights advocates see this as part of a broader effort to establish constitutional carry nationwide. However, California could still appeal an adverse ruling to the Supreme Court, extending litigation for years. The case represents a test of how broadly courts will apply the Bruen standard to carry restrictions.
Industry Impact
Firearms manufacturers and retailers in California watch the case closely as expanded carry rights typically increase handgun sales. Holster manufacturers and training companies would see immediate business growth from newly legal open carry. Gun stores in border states like Nevada and Arizona have profited from California residents purchasing firearms for out-of-state use. Legal victory could reduce this cross-border commerce while boosting in-state sales. Second Amendment legal groups have raised millions in donations specifically for West Coast litigation campaigns. The firearms industry has invested heavily in challenging California's regulatory framework through multiple simultaneous lawsuits. Training providers would need to develop open carry courses to meet expected demand from new carriers.
What to Watch Next
The Ninth Circuit will likely schedule oral arguments for the en banc hearing within 60-90 days. All 29 active circuit judges could participate, though the court often uses smaller en banc panels of 11 judges. California will argue that reasonable regulations on public carry remain constitutional even after Bruen. Gun rights groups will emphasize historical traditions of open carry dating to the founding era. The Supreme Court could grant certiorari if the circuit court splits with other jurisdictions on carry rights. Meanwhile, SAF continues pressing similar cases in Hawaii, New Jersey, and other restrictive states. The organization has budgeted over $2 million for West Coast litigation in 2026. Oral arguments will provide the first clear indication of how the full court views post-Bruen carry restrictions.
DownRange Bottom Line: The Ninth Circuit's decision in Baird v. Bonta will determine whether 40 million Californians can legally carry firearms for self-defense. SAF's amicus brief strengthens the constitutional arguments against total carry prohibitions that violate both text and historical tradition.
