The Ninth Circuit Court of Appeals struck down California's urban open-carry ban Friday, ruling the state cannot prohibit permits in counties with populations over 200,000—covering 95% of Californians.

The 2-1 decision in Baird v. Bonta applies the Supreme Court's Bruen standard. Open carry "predates ratification of the Bill of Rights in 1791" and remains legal in over 30 states. California argued it could ban open carry since concealed carry permits are available, but the court rejected this entirely.

Why it matters: This creates a direct circuit split with the Second Circuit and puts California's "ban one mode, allow another" approach to carry laws on shaky ground nationwide.

"Concealed and open carry are not fungible under the Nation's historical tradition."
— Ninth Circuit majority ruling

California's own conduct undermines its rural licensing claims. The state admits "no record of even one open-carry license being issued" anywhere. Mark Baird of Siskiyou County couldn't obtain a permit despite living in a county that supposedly allows them. Judge Lee's concurrence noted the state uses "subterfuge" with a 17-page form that "nowhere mentions open carry."

Plaintiff Baird framed the issue plainly: "Do we have enumerated rights or don't we? This has less to do with the gun than it does the liberty." Judge VanDyke, writing for the majority, agreed: "Bruen does not permit a state to ban one mode of carry simply because another is allowed." Judge Smith dissented, arguing states should be able to "eliminate one mode so long as it does not ban public carry altogether."

This ruling creates tension with the Second Circuit's 2025 Frey v. City of New York decision, which upheld New York's open-carry ban. Circuit splits often draw Supreme Court attention, and the conflict over whether states can eliminate one carry method while allowing another is now ripe for SCOTUS review.

What's next: California Attorney General Rob Bonta says his office is "considering its options."

• The case could go to the full Ninth Circuit en banc
• Or create enough of a circuit split for Supreme Court review
• Open carry remains illegal while enforcement continues
• California's legislature—not courts—must craft any replacement permitting system

The bottom line: California can no longer categorically refuse open-carry permits in its major population centers, but the practical impact depends on how local sheriffs and police chiefs respond to permit applications.

Go deeper:

• Full Ninth Circuit decision analysis
• CNN coverage of the ruling

Read the original article in The Handbook | By Steve Duskett

Join the Discussion

How do you think this ruling might actually play out in practice here in Idaho—does it change how you're thinking about carry options, or does it mainly affect folks dealing with California's restrictions?