Ninth Circuit Strikes Down California’s Open-Carry Ban in Historic Ruling
By Adam Wilson, Director of Legislative Affairs, Gun Owners of California | January 6, 2026
In a major victory for the Second Amendment, a federal appeals court has ruled that California’s open-carry ban in most populated areas violates the Constitution. In Baird v. Bonta, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the state’s prohibition cannot be justified under the nation’s historical tradition of firearm regulation, as required by the Supreme Court’s Bruen decision.
This ruling is historic for California. For decades, the state has treated open carry as effectively forbidden, even for law-abiding citizens. The Ninth Circuit’s decision now brings California back into alignment with constitutional rulings from courts across the country that have rejected modern gun bans lacking historical support.
The majority opinion was authored by Lawrence VanDyke– Read Here, the same judge who drew national attention for his video dissent in Duncan v. Bonta, the magazine ban case. Judge VanDyke is quickly becoming one of the few voices on the Ninth Circuit willing to apply the Second Amendment honestly — much like Roger T. Benitez, the district court judge whose pro-Constitution rulings have repeatedly exposed California’s overreach.
Importantly, Gun Owners of California filed an amicus brief in support of this challenge, reinforcing the constitutional arguments adopted by the court. This decision demonstrates the growing impact of GOC’s litigation strategy and why sustained legal pressure matters — even in a hostile circuit like the Ninth.
That said, Californians should not begin openly carrying firearms. The law remains in effect while the legal process continues. The California Department of Justice is expected to seek an emergency stay and request en banc review by the full Ninth Circuit — a delay tactic the state routinely uses after losing Second Amendment cases. While frustrating, this does not diminish the significance of the ruling or the momentum building nationwide.
Gun Owners of California will continue fighting California’s anti-gun agenda in the courts and the Legislature. With major cases like Duncan v. Bonta likely headed to the U.S. Supreme Court, the future of the Second Amendment in California is very much in play. If you support this fight, please consider standing with GOC and helping us press forward. Donate HERE