The Second Amendment Foundation (SAF) just dropped a bombshell amicus brief in Baird v. Bonta, teaming up with partners to urge the Ninth Circuit to torch California’s draconian open carry ban. This isn’t some fringe filing—it’s a razor-sharp argument rooted in the Constitution’s original history and tradition, directly challenging the state’s blanket prohibition on carrying firearms openly in public. For those unfamiliar, Baird stems from a lawsuit against Attorney General Rob Bonta, where plaintiffs contend that California’s open carry restrictions fly in the face of the Supreme Court’s Bruen framework, which demands gun laws align with our nation’s founding-era practices. SAF’s brief hammers home how open carry was the norm in the 18th and 19th centuries, from colonial militias to frontier settlers, making California’s modern clampdown a blatant historical outlier.
What’s clever here is how SAF flips the script on gun-grabbers’ favorite trope: that open carry is some Wild West relic unfit for today. By dissecting founding-era treatises, statutes, and court records, they expose the hypocrisy—California allows concealed carry permits for the elite few who jump through Attorney General-issued hoops, yet bans the more visible, historically dominant form of carry outright. This selective prohibition reeks of viewpoint discrimination, prioritizing stealth over the Founders’ preference for accountable, in-plain-sight self-defense. It’s a masterclass in Bruen compliance, forcing the Ninth Circuit (notorious for anti-2A rulings) to confront whether states can rewrite history to suit progressive urban fantasies.
For the 2A community, the stakes couldn’t be higher: a win could shatter open carry bans nationwide, especially in the Ninth’s sprawling jurisdiction covering gun-unfriendly states like Hawaii and Oregon. It’d supercharge permitless carry momentum post-Bruen, reminding Americans that the right to bear arms isn’t confined to pockets or purses—it’s about public vigilance. If the court bites, expect ripple effects to SCOTUS certiorari, potentially cementing open carry as presumptively protected. Gun owners, stay locked and loaded—this one’s a frontline fighter for reclaiming our birthright.
