Federal Judge Overturns California Firearm Laws for Non-Residents

News Summary

A federal judge has struck down two California laws that limited non-resident access to concealed-carry firearm licenses. The ruling states that non-state residents are entitled to the same rights as residents under the Second and Fourteenth Amendments. Plaintiffs from Idaho, New Mexico, and Pennsylvania challenged these regulations, leading to Judge Cathy Bencivengo granting them the right to apply for CCWs in California. This decision may transform gun rights in the state, affecting many out-of-state gun owners.

San Diego, CA – A federal judge has made a significant ruling that overturns two California laws that effectively barred most non-residents from carrying firearms in the state. The ruling, issued by U.S. District Judge Cathy Bencivengo on Tuesday, affirms that non-state residents should be granted the same rights as residents when it comes to applying for concealed-carry licenses.

Judge Bencivengo determined that these laws violate the Second and Fourteenth Amendments of the U.S. Constitution. As a result of her ruling, non-residents who are legally permitted to own firearms will be able to apply for concealed-carry weapons licenses (CCWs) in California.

This legal challenge commenced last year, when the Firearms Policy Coalition, alongside three plaintiffs from Idaho, New Mexico, and Pennsylvania, initiated a lawsuit against California’s restrictive laws. The plaintiffs contended that the state’s regulations unconstitutionally barred them from even seeking a CCW license, despite holding valid licenses in their home states.

In her 12-page order, the judge stated that the provisions prohibiting non-residents from applying for CCW licenses conflict with constitutional protections. In addition to granting the plaintiffs’ motion for summary judgment, which resolved the case without the need for a trial due to an absence of factual disputes, the ruling entitles the plaintiffs to injunctive relief.

The next steps involve the plaintiffs collaborating with state attorneys over the next 30 days to propose specific terms for the injunction. This injunction is likely to prevent California from enforcing laws that impose residency requirements, thus allowing non-residents without prohibitions on gun ownership to apply for CCWs.

With this ruling, authorities in California, including the San Diego County Sheriff’s Office, will likely begin permitting non-state residents to apply for concealed-carry licenses immediately. The implications of this ruling could affect a sizable number of gun owners who reside outside California and seek to carry their firearms while in the state.

Brandon Combs, president of the Firearms Policy Coalition, expressed satisfaction with the ruling, describing it as a reaffirmation of Second Amendment rights that extend across state lines. However, California Attorney General Rob Bonta’s office has indicated that it may consider appealing the decision, as it is currently reviewing the judge’s ruling.

The recent ruling aligns with a new legal precedent established by another federal judge in Los Angeles, who allowed certain non-residents to apply for CCWs in California under similar circumstances. Judge Bencivengo’s decision appears to have broader implications, potentially benefiting all non-residents who are not otherwise prohibited from firearm ownership.

Judge Bencivengo’s determination was influenced by historical precedents, notably referencing the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen. In this case, the judge found a lack of historical evidence from California to justify its current residency laws regarding concealed carry. The state was unable to present laws from the founding era that would justify the denial of CCW application rights to non-residents.

Moreover, the judge criticized the theory that non-residents are not included in the definition of “the people” protected by the Second Amendment. She emphasized that every individual plaintiff involved in the case is entitled to the rights afforded under the Constitution

This ruling marks a pivotal moment for firearm regulations in California, opening the door for greater access to concealed-carry permits for out-of-state gun owners and potentially transforming the landscape of gun rights in the state.

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Additional Resources

• San Diego Union-Tribune
• RecordNet
• San Francisco Chronicle
• Courthouse News
• Fox LA
• Wikipedia: Second Amendment