A coalition of major firearms advocacy organizations filed a legal brief Tuesday, urging the U.S. Court of Appeals for the Ninth Circuit to strike down California’s restrictions on the open carry of firearms.
The Second Amendment Foundation (SAF), California Rifle & Pistol Association (CRPA), and several other groups submitted the “friend of the court” brief in the case of Baird v. Bonta. The groups argue that the plain text of the Second Amendment and centuries of American history protect the right to carry a weapon openly in public.
The brief focuses heavily on the “Bruen” test, a legal standard established by the Supreme Court in 2022. This standard requires the government to prove that any gun regulation is consistent with the nation’s historical tradition of firearm regulation.
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According to the filing, open carry was the “default manner” of carrying firearms from the founding of the United States through the end of the 19th century. The groups presented a collection of historical legal treatises from the 1800s to support their claim that while states occasionally restricted concealed weapons, they almost universally recognized open carry as a constitutionally protected right.
“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 Kostas Moros, SAF Director of Legal Research and Education.
California has defended its ban by arguing that allowing open carry would cause “fear, panic, and chaos” in urban areas. The state contends that seeing armed individuals in public places like city streets creates a significant risk to public safety.
The advocacy groups challenged these assertions, pointing to other states that allow open carry without experiencing mass chaos.
The brief specifically cited Florida, which recently expanded open carry rights. The groups noted that major Florida cities, such as Tampa and Orlando, reported significant decreases in homicide rates in 2025 despite the change in law.
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The Baird v. Bonta case specifically challenges California’s ban on open carry in counties with populations exceeding 200,000 residents. A three-judge panel previously ruled in favor of the plaintiff, Mark Baird, but that decision was vacated when the Ninth Circuit agreed to rehear the case “en banc,” meaning before a larger panel of judges.
The gun rights groups argue that if the court allows California to ban the primary method of carry used by the Founders, it would effectively “water down” the Second Amendment.
“SAF and its partners are proud to stand with Mr. Baird against California’s unconstitutional restrictions,” said SAF founder Alan M. Gottlieb. “We urge the Court to reject the State’s baseless public-safety claims and restore the full scope of the Second Amendment right.”
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