ToKeepAndBear Logo
toKeepAndBear.com Baird v. Bonta Legal Defense
Awaiting En Banc Decision (9th Circuit Court of Appeals)

Defending the Right to Keep and Bear Arms in California

The fight for Open Carry in Baird v. Bonta reached a historic milestone when a 3-judge panel struck down California’s urban open-carry ban. Now, California has forced an 11-judge En Banc rehearing. We must defend our victory all the way to the U.S. Supreme Court.

View 3-Judge Victory Opinion (PDF)
95%
CA Population Affected
11 Judges
En Banc Review Panel
SCOTUS
Ultimate Destination
Legal Breakthrough

January 2, 2026 Ruling

U.S. Court of Appeals for the Ninth Circuit (No. 24-565)

Judge VanDyke authored the opinion holding that California’s ban on open carry in counties over 200,000 population violates the Second and Fourteenth Amendments under the Bruen standard.

Plaintiff-Appellant: Mark Baird
Defendant-Appellee: Rob Bonta (CA AG)
Panel: N.R. Smith, Lee, VanDyke
Download Full 98-Page PDF Decision

Historical Journey

The Fighting History of Baird v. Bonta

Tracing the decade-long constitutional struggle against California's open carry bans.

1
2012

California Enacts Urban Open-Carry Ban

California Legislature expands carry prohibitions by enacting Penal Code § 26350, banning even unloaded open carry in urban counties (populations over 200,000). Combined with § 25850, 95% of California citizens are completely barred from openly bearing arms for self-defense.

2
2019

Lawsuit Filed by Mark Baird

Mark Baird files federal civil rights litigation in the Eastern District of California against the Attorney General, asserting that the Second and Fourteenth Amendments explicitly guarantee the right to openly carry firearms in public.

3
JUNE 2022

U.S. Supreme Court Decision in Bruen

SCOTUS hands down NYSRPA v. Bruen, establishing that gun regulations must match the Nation's historical text and tradition of firearm regulation, discarding multi-tiered interest balancing.

Landmark Panel Victory
JAN 2, 2026

3-Judge Ninth Circuit Panel Rules CA Ban Unconstitutional

In a historic decision authored by Circuit Judge Lawrence VanDyke, the panel held that California's urban open-carry ban violates the Second Amendment. The court emphasized that open carry has been protected throughout American history and tradition.

Official 9th Circuit Court Opinion
98-Page PDF • Case No. 24-565
Read / Download PDF Opinion
5
APRIL 15, 2026

Ninth Circuit Grants Rehearing En Banc

The Ninth Circuit vacates our panel victory and orders an 11-judge panel rehearing en banc. The open-carry restriction is put back into temporary effect while the court reevaluates the decision.

En Banc Decision Analysis

Possible Outcomes & Lawsuit Future

What the impending 11-judge panel ruling means for our legal strategy and eventual appeal to the U.S. Supreme Court.

Scenario A • Favorable

Affirm Panel Ruling

The 11-judge en banc court agrees with Judge VanDyke’s panel opinion and strikes down California's urban open-carry restrictions.

Impact: Urban open-carry prohibitions invalidated across the Ninth Circuit.
Next Step: State of California petitions SCOTUS for Certiorari review.
SCOTUS Outlook High defense standing at Supreme Court
Most Likely Battle
Scenario B • Unfavorable

Reverse Panel Ruling

The en banc majority sides with the State, claiming that permitting concealed carry satisfies the Second Amendment.

Impact: California open carry ban remains enforced; creates explicit circuit split.
Next Step: We immediately petition SCOTUS for Writ of Certiorari.
SCOTUS Outlook Prime candidate for Supreme Court Review
Scenario C • Procedural

Narrow Remand

The en banc court remands the case back down to District Court for further historical record building or factual findings.

Impact: Litigation prolonged with extensive trial court proceedings.
Next Step: Retain historical experts and continue trial court battles.
SCOTUS Outlook Delayed pending final lower court judgment

Financial Realities

Why Federal 2A Lawsuits Require Substantial Resources

Fighting anti-gun legislation backed by state resources requires immense financial commitments. The Attorney General’s office utilizes taxpayer dollars to deploy legal teams, whereas our defense depends entirely on individual grassroots patriots.

Historical Researchers & Legal Scholars

Post-Bruen litigation requires deep archival research into 18th and 19th-century statutes to satisfy strict legal history standards.

Expert Witness Reports & Amicus Filings

Drafting specialized reports, responding to state motions, and coordinating amicus briefs costs tens of thousands of dollars per stage.

SCOTUS Certiorari Preparation

Preparing petitions, briefs on the merits, and mock oral argument sessions for Supreme Court justices demands hundreds of specialized legal hours.

En Banc Legal Defense Fund $150,000 Goal

Directly funding legal fees for the Ninth Circuit En Banc hearing.

Raised: $98,450 65.6% Funded
En Banc Supplemental Briefing & Filing $45,000
Constitutional Expert Testimony & History Reports $35,000
Oral Argument Preparation & Legal Research $40,000
SCOTUS Petition Preparation Contingency $30,000

Stand Up for the Second Amendment

Baird v. Bonta is a defining battle for the fundamental right to carry firearms publicly in America. Your support keeps our legal team on the frontline.

Read the 3-Judge Opinion