The 9th Circuit Court of Appeals just delivered a crushing blow to California’s anti-gun agenda, striking down the state’s open-carry ban as unconstitutional and exposing years of Second Amendment violations that have left law-abiding citizens defenseless.
Story Highlights
- 9th Circuit rules 2-1 that California’s open-carry ban violates Second Amendment rights
- Trump-appointed Judge Lawrence VanDyke authored the majority opinion restoring constitutional protections
- Ruling affects 95% of California residents previously denied their right to bear arms
- Decision follows Supreme Court’s Bruen framework requiring gun laws match historical tradition
Historic Victory Against California Gun Control
On January 2, 2026, the U.S. Court of Appeals for the 9th Circuit delivered a landmark 2-1 decision in Baird v. Bonta, declaring California’s ban on open carry in counties with populations over 200,000 unconstitutional under the Second Amendment. Trump-appointed Judge Lawrence VanDyke authored the majority opinion, emphasizing that “open carry is part of this Nation’s history and tradition.” The ruling directly applies the Supreme Court’s 2022 Bruen decision, which requires gun laws to align with historical firearm traditions rather than modern political preferences.
California’s Deceptive Gun Control Scheme Exposed
The court revealed the true scope of California’s constitutional violations, noting that the state’s 2012 ban effectively criminalizes open carry for 95% of residents in urban areas like Los Angeles and San Francisco. Before 2012, California permitted open carry of holstered handguns for self-defense without penalty. The ruling exposed that even in rural counties where open carry permits are theoretically available, the state has issued zero licenses, creating a de facto statewide prohibition on constitutional rights.
Second Amendment Advocates Secure Major Legal Precedent
Gun owner Mark Baird of Siskiyou County filed the challenge in 2019 after being denied his constitutional rights despite living in an eligible rural area. The district court initially dismissed his lawsuit in 2023, but the 9th Circuit reversed that decision, finding California’s restrictions inconsistent with America’s founding principles. This victory joins a series of successful challenges against California’s unconstitutional gun laws, including recent NRA lawsuits against the state’s Glock-style firearm bans.
State Officials Scramble to Defend Failed Policies
California Attorney General Rob Bonta’s office stated they are “reviewing the opinion and considering all options” while reaffirming their commitment to defending what they call “commonsense” gun laws. However, the ruling places California among a “tiny minority” of states that attempted to ban open carry outright, highlighting how extreme the state’s position has become. The decision signals a significant shift in the historically liberal 9th Circuit, demonstrating how Trump’s judicial appointments continue protecting constitutional rights even after his presidency.
This ruling represents more than just a legal victory—it’s a restoration of fundamental American rights that California’s progressive politicians have trampled for over a decade. With the state potentially appealing to the Supreme Court or seeking an en banc review, Second Amendment supporters nationwide are watching as constitutional principles triumph over political overreach.
Sources:
US appeals court strikes down California’s open-carry ban in major Second Amendment ruling
9th Circuit Court Opinion – Baird v. Bonta
Federal judges strike down California open carry ban
