The Ninth Circuit Court of Appeals has issued a major decision affirming what history has long made clear: the right to openly carry a firearm is part of America’s Constitutional tradition. In a ruling released last week in Baird v. Bonta, the court struck down California’s ban on open carry in any county with a population over 200,000—calling the state’s restriction “inconsistent with the Nation’s historical tradition of firearm regulation.”
MSLF’s Center to Keep and Bear Arms (CKBA) filed an amicus brief in the case, urging the court to follow the Supreme Court’s Bruen framework and apply the Constitution’s text and history faithfully. The panel’s opinion reflects—and validates—those arguments.
What the Court Held
Under New York State Rifle & Pistol Association v. Bruen, the government carries the burden to show that a firearm restriction is supported by historical tradition. California could not identify any such tradition. The court found:
- Open carry was clearly protected at the Founding and during Reconstruction.
- No historical analog exists for California’s sweeping ban.
- The state failed to meet its burden under Bruen, making the ban unconstitutional.
As a result, the Ninth Circuit reversed the lower court and ordered judgment in favor of the challenger, Mark Baird.
The Court’s Concern About California’s Conduct
Two judges issued a concurring opinion accusing California of attempting to “mislead” citizens into believing open-carry licenses were available in rural counties—even though the state could not identify a single license ever issued.
This mirrors the concerns raised in CKBA’s brief about states and courts resisting Bruen through procedural or administrative gamesmanship. The decision sends a strong message that such tactics will not be tolerated.
Why This Matters
This case reinforces three key principles:
- History—not politics—guides Second Amendment cases.
- When the government cannot prove a historical justification for restricting a right, the Constitution prevails.
- Courts must apply Bruen faithfully, even if they disagree with it.
This ruling strengthens the Constitutional protections relied on in many of today’s most important Second Amendment challenges—including those MSLF continues to lead.
A Win for Liberty
This decision is a significant victory for the right to keep and bear arms and for the historical framework that protects all Constitutional liberties. MSLF is proud to have supported this outcome through our amicus brief and grateful to our supporters who make this work possible.
