BELLEVUE, Wash. — May 6, 2026 — The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit urging the Court to strike down California’s ban on the open carry of firearms.
The case, Baird v. Bonta, mostly prevailed before a three-judge panel, but that victory was vacated and the case will be reheard en banc. SAF is joined in the amicus filing by the California Rifle & Pistol Association, Minnesota Gun Owners Caucus and the Citizens Committee for the Right to Keep and Bear Arms.
“The plain text of the Second Amendment protects the right to bear arms – openly or concealed – and open carry has been the default manner of lawful carry for most of American history,” said SAF Director of Legal Research and Education Kostas Moros. “California’s ban has no foundation in our nation’s tradition, and this Court should reaffirm that open carry is protected just as the Founders and generations of Americans understood it to be. As our brief argues, neither open nor concealed carry may be banned today.”
This case presents another clear opportunity for the Ninth Circuit to faithfully apply Bruen’s historical tradition test to one of the last remaining state bans on open carry, rather than allowing the government to nullify the right through interest-balancing disguised as a “nuanced approach.”
“Open carry predates the Founding and was the primary mode of lawful carry throughout the Nineteenth Century,” said SAF founder and Executive Vice President Alan M. Gottlieb. “SAF and its partners are proud to stand with Mr. Baird against California’s unconstitutional restrictions, and we urge the Court to reject the State’s baseless public-safety claims and restore the full scope of the Second Amendment right.”
For more information visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
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