California gun enthusiasts will watch with intense interest as the Ninth Circuit Court of Appeals considers a challenge to the state’s prohibition on open carry by virtually all citizens. The case, Baird v. Bonta, has captured the attention of gun rights advocates across the country who view California as ground zero in the national battle over the Second Amendment.
There is cause for renewed optimism, as the same court recently struck down California’s one-gun-per-month purchase limit, calling it unconstitutional. That unanimous decision gives advocates hope that the court may take a similarly firm stance against the open carry ban.
California’s Open Carry Ban Discriminates by Population
The specifics of California’s open carry ban are as troubling as they are complex. Under current law, the only residents eligible to apply for an open carry permit must live in a county with fewer than 200,000 people. That population-based clause instantly disqualifies millions of law-abiding citizens, effectively nullifying their right to bear arms in public.
There are over two dozen counties in California that exceed the 200,000-resident threshold. This means residents in high-density areas like Los Angeles, San Diego, San Jose, and San Francisco are barred from even applying for an open carry permit, let alone receiving one. In stark contrast, residents of sparsely populated counties can theoretically apply for permits—but they’re only valid within the issuing county’s borders.
This creates a patchwork of legality where one’s zip code determines their level of constitutional protection. That unequal treatment is at the heart of Baird v. Bonta, and the Ninth Circuit is now tasked with determining whether California’s laws align with the U.S. Constitution—specifically in light of the Supreme Court’s landmark 2022 New York State Rifle & Pistol Association v. Bruen ruling, which set new standards for evaluating Second Amendment restrictions.
Judges Question Logic Behind State’s Population Restriction
During recent oral arguments, U.S. Circuit Judge Lawrence VanDyke raised a pointed and critical observation: “If you live in San Francisco, say, you can’t get a license to open carry—not only in San Francisco but in Nevada County,” he noted. “So, if you live in San Francisco, you are banned from open carry anywhere in the state.”
VanDyke’s comments underscore the legal absurdity of the current system, which punishes Californians simply for residing in populous regions. This kind of population-based restriction effectively makes gun rights a rural-only privilege—a clear violation of equal protection principles and the intent behind the Second Amendment.
The argument that residents of low-population counties can carry openly does little to alleviate the core constitutional concern. If a right is only selectively granted, it ceases to be a right and instead becomes a privilege—granted or revoked based on arbitrary criteria such as county population.
Advocacy Remains Critical as Legal Battles Continue
This case represents yet another chapter in the ongoing fight to uphold Second Amendment protections in states with restrictive gun control laws. California has long stood as one of the most aggressively anti-gun states in the union, and only through persistent legal pressure have any victories been achieved.
Gun rights organizations like the Firearms Policy Coalition and Gun Owners of America continue to play a pivotal role in pushing back against overreaching legislation. Their legal challenges—grounded in constitutional law and recent Supreme Court precedent—help ensure that gun rights are not lost in legal loopholes or bureaucratic red tape.
Should the Ninth Circuit rule in favor of the plaintiffs in Baird v. Bonta, it would mark a significant victory not only for California residents but for gun owners nationwide. It would also serve as a reminder that the Constitution applies equally across all states—and all counties within them.
The fight is far from over, but the tide may be turning. With careful legal strategy and the resilience of advocacy groups, the foundational rights of American citizens continue to be defended in courtrooms across the country.
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