There was a time when California allowed its residents to openly carry firearms in public, just like states such as Texas, Arizona, and Alaska do today. But that right has long since disappeared, replaced by some of the strictest gun control laws in the country. The state’s slow but deliberate push to eliminate open carry was not a recent effort – it has been in the works for decades, going all the way back to the Mulford Act of 1967.
For many gun rights advocates, the fight to bring back open carry in California is not just about practicality – it’s about preserving the Second Amendment in its fullest form. But as with any major legal battle, there are deep-rooted challenges that make this fight particularly difficult.
The Mulford Act: The First Step Toward a Ban
The foundation for California’s open carry restrictions was laid in 1967 with the passage of the Mulford Act, a law that banned the open carry of loaded firearms. This law was introduced in direct response to the Black Panther Party, which had started openly carrying firearms to police their own communities and protect against what they saw as systemic abuses by law enforcement.
In one of the most well-known protests of the time, members of the Black Panther Party walked into the California State Capitol in Sacramento, openly armed – a moment that alarmed many lawmakers and led to a swift crackdown. The Mulford Act passed shortly after, effectively ending the legal open carry of loaded firearms in California. However, for years afterward, Californians could still carry firearms in public – as long as they were unloaded.
The Unloaded Open Carry Loophole
For some time, California gun owners found a legal workaround: while they could no longer carry a loaded firearm, they could still carry an unloaded one. On paper, this might have looked like a compromise, but in reality, it was impractical for self-defense.
Carrying an unloaded gun meant that, in a crisis, a person would have to retrieve a magazine, load it into the firearm, rack the slide, and then engage a threat – all in a matter of seconds. For anyone who understands real-world self-defense situations, that’s a near-impossible task under pressure.
The impracticality of carrying an unloaded firearm did little to stop lawmakers from pushing for even stricter regulations, leading to the next major milestone in California’s open carry restrictions: the complete ban on open carry, loaded or not.
2012: The Total Ban on Open Carry
By 2012, California lawmakers decided that even unloaded open carry was too much. They passed California Penal Code Section 26350, which made it illegal to carry both loaded and unloaded firearms in public. This decision effectively erased any remaining legal pathway for open carry in the state, leaving gun owners with only concealed carry as an option – and even that requires a permit.
This law sparked outrage among gun rights advocates, as it meant the state had gone from being an open carry-friendly state to one where carrying a firearm in public – in any form – was nearly impossible without government approval.
The Legal Challenge: A Fight in the Ninth Circuit
The battle for open carry in California is far from over. Today, it’s being challenged in the courts through a case known as Baird v. Bonta. This lawsuit argues that California’s open carry ban is unconstitutional, violating the Second Amendment and preventing lawful gun owners from exercising their rights.
So far, the case has faced significant resistance. Some judges have defended the ban by arguing that open carry is technically still legal in California – under extremely limited conditions. For example, it is permitted in counties with populations under 200,000 and for certain individuals, such as business owners or those engaged in hunting, fishing, or shooting sports.
However, for the average law-abiding citizen, these exceptions do little to restore the ability to carry a firearm in public for self-defense.
The “Fear” Argument Against Open Carry
One of the primary arguments against open carry is the claim that it creates fear and discomfort among the general public. Some believe that seeing armed individuals in public spaces could lead to panic, unnecessary 911 calls, and increased tension in everyday situations.
But this argument ignores the fact that dozens of states already allow open carry with little to no issue. If the mere presence of a firearm in public truly created mass hysteria, states like Texas, Arizona, and Kentucky would be dealing with daily chaos – but they aren’t.
Gun rights advocates argue that this fear is manufactured by media narratives and a cultural shift away from gun normalization. In states where open carry is common, it’s simply seen as a part of life, not something to panic over.
Does Open Carry Increase Gun Violence?
Another common argument is that allowing open carry would lead to an increase in violent crime. However, this claim is not supported by real-world evidence. In fact, responsible gun owners who open carry are statistically less likely to be involved in criminal activity.
Most individuals who openly carry do so lawfully and responsibly, often using open carry as a deterrent against crime rather than a tool for aggression. The mere presence of an armed citizen can discourage would-be criminals from acting, as they no longer see unarmed civilians as easy targets.
If open carry truly led to increased violence, we would see this reflected in the crime rates of states that allow it. But there is no significant data showing a correlation between open carry laws and higher rates of gun violence.
Practicality vs. Principle: Should Open Carry Return?
Interestingly, not everyone who supports open carry actually wants to carry openly themselves. Some gun owners prefer concealed carry for practical reasons – it avoids unwanted attention, prevents potential confrontations, and allows for an element of surprise in a self-defense situation.
However, the principle behind open carry is what matters most. It’s not about whether every gun owner chooses to open carry, but about having the legal right to do so. The concern among Second Amendment advocates is that the more a right is restricted, the closer we come to losing it entirely.
The Bigger Picture: The Fight for Gun Rights
The battle over open carry in California is part of a larger fight over gun rights in America. Every year, lawmakers introduce new restrictions that further limit firearm ownership, and each restriction sets a precedent for future regulations.
Gun owners argue that constitutional rights should not be subject to gradual erosion. If California can ban open carry entirely, what’s stopping other states from following suit? If the courts uphold these restrictions, it sets a dangerous precedent that could influence national gun policy in the years to come.
Could Open Carry Actually Return?
The reality is that California is unlikely to reinstate open carry without a significant legal victory. If Baird v. Bonta succeeds, it could force the state to reconsider its restrictions. However, California’s deep-rooted gun control policies and historically anti-gun legislature make any major changes an uphill battle.
That said, Supreme Court rulings in recent years have leaned in favor of gun rights, and legal challenges continue to push back against restrictive laws. If enough pressure is applied through the courts and public advocacy, there is a chance that California’s open carry laws could be reformed in the future.
Defending Fundamental Rights
The fight for open carry in California is about more than just carrying a firearm – it’s about defending the fundamental right to bear arms. Whether or not individuals choose to open carry is a personal decision, but having the option to do so should never have been taken away in the first place.
As legal battles continue, gun rights advocates remain hopeful that one day, Californians will regain the rights they once had. Until then, the fight presses on, and the outcome of cases like Baird v. Bonta will determine just how much power the government has to restrict Second Amendment freedoms.
Raised in a small Arizona town, Kevin grew up surrounded by rugged desert landscapes and a family of hunters. His background in competitive shooting and firearms training has made him an authority on self-defense and gun safety. A certified firearms instructor, Kevin teaches others how to properly handle and maintain their weapons, whether for hunting, home defense, or survival situations. His writing focuses on responsible gun ownership, marksmanship, and the role of firearms in personal preparedness.