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Federal Judge Rules California’s Non-Resident Carry Ban Unconstitutional

CALIFORNIA, JUL 2 – Federal judge rules California's residency requirement for concealed carry permits violates constitutional rights, potentially expanding access for millions of nonresidents, court documents show.

  • On Tuesday, U.S. District Judge Cathy Ann Bencivengo ruled California's nonresident CCW ban unconstitutional under the Second and Fourteenth Amendments.
  • Plaintiffs from Pennsylvania, Idaho, and New Mexico challenged California's residency-based CCW licensing restrictions, with Hoffman denied a license after moving out in 2012, in a lawsuit filed last year.
  • Bencivengo applied the Bruen two-step test, rejecting California's claim that nonresidents are outside 'the people' protected by the Second Amendment, citing Heller on 'the people'.
  • Judge Bencivengo ordered California to allow nonresidents to apply for CCW licenses within 30 days, enabling agencies to accept applications immediately.
  • This ruling could expand concealed carry rights for millions of non-Californians, similar to Louisiana's repeal of residency restrictions after FPC challenges.
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Reason broke the news in United States on Wednesday, July 2, 2025.
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