Huge California "Open Carry" Ban Update 9th Circuit In Baird v. Bonta

Published on June 26, 2025
Duration: 8:02

The Ninth Circuit Court of Appeals heard oral arguments in Baird v. Bonta, a case challenging California's restrictive open-carry laws. The current laws severely limit open carry, requiring permits only in counties with under 200,000 residents, and even then, permits are county-specific and have reportedly never been issued. Judge Van Dyke expressed skepticism towards California's licensing scheme, likening it to suing the DMV for a disallowed activity. However, the speaker anticipates a potential loss at the three-judge panel level, though further appeals to the Supreme Court remain an option.

Quick Summary

California's open carry laws are highly restrictive, with permits only theoretically available in small counties and reportedly never issued. The Baird v. Bonta case challenges these laws at the Ninth Circuit, arguing for the constitutional right to carry firearms openly. Despite some judicial skepticism, a ruling against the plaintiff is anticipated at the panel level, with options for further appeal.

Chapters

  1. 00:00Introduction to the Case
  2. 00:52Sponsor: Attorneys on Retainer
  3. 01:25Baird v. Bonta Case Overview
  4. 01:33California's Open Carry Restrictions
  5. 02:09Permit Limitations and County Restrictions
  6. 03:01Ninth Circuit Oral Arguments
  7. 03:07Judge Van Dyke's Questions
  8. 04:19Analogy to DMV Licensing
  9. 04:39Bans in Large Counties
  10. 04:49Exigent Circumstances Exception
  11. 05:39Panel Composition and Potential Outcome
  12. 06:36Judge Smith and Judge Lee's Stance
  13. 07:06Appeal Options: En Banc and Supreme Court
  14. 07:20Importance of the Case
  15. 07:32Speaker's Personal Opinion

Frequently Asked Questions

What is the current status of open carry laws in California?

California's open carry laws are highly restrictive. Permits are only theoretically available in counties with under 200,000 residents, and these permits are county-specific. Reportedly, no such permits have ever been issued, and open carry is generally banned in most of the state.

What is the Baird v. Bonta case about?

Baird v. Bonta is a legal challenge brought before the Ninth Circuit Court of Appeals concerning the constitutionality of California's strict open-carry laws. The case argues that the right to carry a firearm in a chosen manner is protected by the Second Amendment.

What was the sentiment during the Ninth Circuit oral arguments for Baird v. Bonta?

During oral arguments, Judge Van Dyke expressed skepticism towards California's open-carry licensing scheme, questioning its effectiveness and legality. However, the speaker perceived that other judges on the panel might be leaning towards upholding the state's restrictions.

What are the potential next steps if Baird v. Bonta loses at the Ninth Circuit panel level?

If the three-judge panel at the Ninth Circuit rules against Baird, the case can be appealed to the full Ninth Circuit for an 'en banc' review. If that also fails, the case can be further appealed to the U.S. Supreme Court.

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