Crushing Blow to California’s Anti-Gun Agenda

A federal appeals court just delivered a crushing blow to California’s anti-gun agenda, striking down the state’s open-carry ban as unconstitutional.

Story Highlights

  • Ninth Circuit Court of Appeals rules California’s open-carry ban violates Second Amendment
  • Decision applies Supreme Court’s Bruen standard requiring historical precedent for gun laws
  • Overturns ban affecting counties with populations over 200,000, including major urban centers
  • California Attorney General considers appeal options to preserve restrictive gun policies

Federal Court Strikes Down Urban Open-Carry Ban

The Ninth Circuit Court of Appeals delivered a decisive victory for gun rights advocates on January 2, 2026, ruling California’s open-carry restrictions unconstitutional in Baird v. Bonta. The court found that California’s ban on open carry in counties with populations exceeding 200,000 violates the Second Amendment as applied through the Fourteenth Amendment. This ruling effectively restores constitutional carry rights to residents in California’s major urban centers, including Los Angeles, San Francisco, and San Diego counties.

Supreme Court’s Bruen Standard Dismantles Gun Control

The appeals court applied the Supreme Court’s landmark Bruen decision, which requires gun regulations to align with America’s historical tradition of firearm regulation. California’s arbitrary population-based restrictions failed this constitutional test because the state could not demonstrate historical precedent for such categorical bans. The Ninth Circuit rejected the lower court’s characterization of California’s system as a “mere licensing regime,” correctly identifying it as an outright prohibition on constitutional rights in densely populated areas.

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Mark Baird’s successful challenge exposed the fundamental flaw in California’s tiered licensing system, which effectively created gun-free zones based solely on population density. The court noted that California may have actively misled citizens about how to apply for open-carry licenses, revealing the deceptive nature of the state’s implementation. This pattern of deliberate obstruction demonstrates how progressive politicians systematically erode constitutional rights through bureaucratic manipulation.

California Scrambles to Preserve Anti-Gun Agenda

California Attorney General Rob Bonta’s office immediately signaled resistance to the ruling, stating they are “considering options” and remain committed to defending what they call “common sense gun laws.” This response reveals the progressive mindset that views constitutional rights as obstacles to overcome rather than fundamental protections to uphold. Bonta’s potential appeals, whether seeking en banc review or Supreme Court intervention, demonstrate California’s unwillingness to accept judicial limits on government overreach.

The ruling forces California to confront the reality that its gun control framework cannot survive constitutional scrutiny under current precedent. Law enforcement agencies in urban counties must now adjust their policies to accommodate lawful open carry, ending years of unconstitutional enforcement. This decision sets important precedent for challenging similar population-based firearm restrictions in other progressive states that have attempted to circumvent Second Amendment protections through creative geographic limitations.

Sources:

Ninth Circuit Court of Appeals Opinion – Baird v. Bonta

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