2026 Legislation/Litigation Report Baird V Bonta

A three-judge panel from the Ninth Circuit Court of Appeals has ruled that California’s law for open carry is unconstitutional. The law banned open carry in any county with a population greater than 200,000 and required a permit in counties with less.

The state is expected to appeal to an En Banc panel of the Ninth Circuit which, if granted, would vacate the ruling from the three-judge panel.

The court has not issued a mandate, so NO CHANGES have taken effect yet. The ruling is expected to be stayed pending appeal.

Litigation

Duncan V Bonta, a challenge to California’s High Capacity Magazine ban, has been distributed to the Supreme Court justices for review and was scheduled for conference on December 5 and rescheduled for December 12. It has been rescheduled.

Rhode v Bonta, the challenge to California’s ammo background checks, has been ordered to an En Banc review by the Ninth Circuit Court of Appeals. This order vacates the three-judge panel’s ruling, which upheld the trial court’s ruling that it is unconstitutional.

Litigation on AB5671, which bans marketing of firearms and related products to minors, is nearing completion. The parties are expected to settle, based on direction from the Ninth Circuit. The provisions of AB2571 are expected to be overturned by the settled ruling.

Respectfully submitted, David Smith