What the Ninth Circuit Got Right (and What Happens Next) on Open Carry

Published on January 8, 2026
Duration: 18:53

This video provides an expert analysis of the Ninth Circuit's decision in Baird v. Bonta, which favored open carry rights in California. Chuck Michel, President of CRPA, explains the historical context of open carry and how the Bruen decision impacts current gun laws. The discussion highlights the potential for an en banc review and clarifies the current legal status of open carry in California.

Quick Summary

The Ninth Circuit's three-judge panel ruled in favor of open carry rights in California in Baird v. Bonta, citing historical tradition under the Bruen decision. However, open carry is not yet legal as the state may seek an en banc review, which could overturn the ruling.

Chapters

  1. 00:00Ninth Circuit Open Carry Opinion
  2. 00:31CRPA Advocacy and Guest Introduction
  3. 02:05Baird v. Bonta Case Background
  4. 04:17Constitutional History of Open Carry
  5. 06:22The Nuanced Approach vs. Originalism
  6. 09:04Predicted En Banc Review
  7. 11:07Current Legality of Open Carry
  8. 13:52Future Litigation and Cultural Impact

Frequently Asked Questions

What was the Ninth Circuit's decision regarding open carry in California?

The Ninth Circuit's three-judge panel ruled in favor of open carry rights in California in the Baird v. Bonta case, affirming that open carry is part of the nation's historical tradition, a key standard under the Bruen decision.

What is the current legal status of open carry in California after the Ninth Circuit ruling?

Open carry is not yet legal for California citizens. The ruling is subject to further appeals, and the state will likely seek a stay while pursuing additional legal challenges, such as an en banc review.

Why is the Baird v. Bonta case significant for Second Amendment rights?

This case challenges California's ban on open carry in populous counties, which affects 95% of the state. The ruling applies the Bruen standard, emphasizing historical tradition over modern justifications for gun control.

What is an 'en banc' review and why is it predicted in this case?

An 'en banc' review involves all judges of a circuit court, rather than a smaller panel. It's predicted because the Ninth Circuit has a history of hostility towards Second Amendment rights, and an en banc panel might overturn the favorable three-judge decision.

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