PLACERVILLE, Calif. — In a decision with wide-ranging implications for residents across El Dorado County and California, the U.S. Court of Appeals for the Ninth Circuit ruled Jan. 2 that the state’s ban on openly carrying firearms in most of the state is unconstitutional under the Second Amendment.
In a 2-1 majority opinion, the San Francisco-based federal appeals court struck down a law that barred openly carrying firearms in counties with populations exceeding 200,000 people — a threshold encompassing around 95 percent of Californians. Circuit Judge Lawrence VanDyke wrote that the historical record “makes unmistakably plain that open carry is part of this Nation’s history and tradition,” and that California’s restriction cannot survive the constitutional test established by the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen.
The case, Baird v. Bonta, was brought by Siskiyou County resident and gun owner Mark Baird, who argued that California’s ban infringed upon his right to bear arms for self-defense. Under the existing California Penal Code provisions, rural counties with fewer than 200,000 residents could issue open-carry permits, though no permits have been documented as issued, a point noted in the court’s written opinion.
Judge Kenneth Kiyul Lee joined VanDyke in the majority, highlighting procedural issues in how California implements open-carry licensing and pointing out that the state’s own application forms may mislead residents about their rights. Senior Judge N. Randy Smith dissented in part, arguing that California may constitutionally prohibit one form of carry — open carry — so long as another, such as concealed carry, remains legally available.
State Response and Next Steps
California Attorney General Rob Bonta’s office, which defended the open-carry restrictions in court, said it is reviewing the appellate court’s opinion and weighing possible next steps, including a request for rehearing by the full Ninth Circuit or a petition for U.S. Supreme Court review.
If upheld, the ruling could take effect once the Ninth Circuit issues its mandate — typically 7 to 21 days after filing — unless a stay is requested. Open-carry proponents in El Dorado County, where the population falls just under the 200,000 threshold, will be watching closely as local law enforcement and county officials evaluate how the decision affects existing licensing and public safety practices.
Local Implications for El Dorado County
Although El Dorado County’s population currently falls under the 200,000 cutoff used in the California statute, meaning residents here could already apply for open-carry permits, the appellate ruling intensifies focus on how open-carry rights are administered. Local sheriffs and law enforcement agencies may need to update training, policies and public guidance in response to the evolving legal landscape.
As the decision echoes through California and beyond, individuals and organizations on both sides of the gun rights debate are preparing for continued court battles and possible legislative responses.
