Federal Judge Rules California’s Non-Resident Carry Ban Unconstitutional
- On Tuesday, U.S. District Court Judge Cathy Ann Bencivengo struck down California’s nonresident carry ban as a violation of the Second and Fourteenth Amendments.
- The Firearms Policy Coalition challenged California’s residency requirement for CCW licenses, arguing the state failed to provide historical analogues as mandated by the Bruen framework.
- The court applied the Bruen framework, citing D.C. v. Heller to find nonresidents qualify as ‘the people’ under the Second Amendment, deeming state analogues insufficient.
- The court granted summary judgment and ordered parties to submit an injunction within 30 days, enabling nonresidents to apply for California CCW permits.
- This ruling expands Second Amendment protections for nonresidents, part of FPC Law’s strategic efforts, potentially allowing millions of visitors to carry firearms in California long-term.
13 Articles
13 Articles
Federal judge rules California’s non-resident carry ban unconstitutional
On Wednesday, July 2, a federal judge in California ruled that the state’s prohibition on issuing concealed carry weapon permits to nonresidents violates the U.S. Constitution. The ruling stemmed from the Hoffman v. Bonta case, where plaintiffs challenged California’s residency requirement as violating the Second and Fourteenth Amendments. The court employed the Supreme Court’s Bruen...


San Diego federal judge rules non-California residents can apply for concealed-carry gun permits
A federal judge in San Diego has struck down two California laws that effectively banned most non-California residents from carrying guns in the state, ruling the laws violated the Second and 14th Amendments and that non-state residents should be able to apply for concealed-carry licenses in California just the same as state residents. U.S. District Judge Cathy Bencivengo made the ruling late Tuesday in a lawsuit filed last year by the Firearms …
Federal Court Strikes Down California 'Nonresident' Concealed Carry Ban
Federal Court Mandates Equal Access to Concealed Carry Permits for Out-of-State Visitors A federal court in California has ruled that the state’s prohibition on nonresidents applying for concealed carry weapons (CCW) licenses violates the Second and Fourteenth Amendments of the U.S. Constitution. The decision, issued today by the United States District Court for the Southern […] Federal Court Strikes Down California ‘Nonresident’ Concealed Carry…
Federal Judge Rules California’s Non-Resident Carry Ban Unconstitutional
Gov. Gavin Newsom announcing new gun legislation. (Photo: gov.ca.gov) The right to keep and bear arms is a right protected by the Second Amendment. Yet, California law prohibits residents of other states from carrying firearms when visiting the state, either openly or concealed. Despite California having a concealed carry permit system in place, non-residents are prohibited from applying. This is clearly unconstitutional under binding Supreme Co…
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