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.
20 Articles
20 Articles
Non-Residents Win Right to Apply for California Gun-Carry Permits in Southern California
Another Federal District Court has struck down California’s ban on issuing concealed gun carry permits to non-residents. In a summary judgment issued on Tuesday, the Southern District Court of California determined that the state’s rule blocking out-of-state residents from obtaining the permits was unconstitutional. The Court ruled that the modern restriction could not stand under the Second… Source
California Must Allow Non-Residents to Apply for Concealed Carry Permits
California Flag Guns Gun Control iStock 884191010 On July 1, 2025, in the Southern District of California, Federal District Judge, the Hon. Cathy Ann Bencivengo ruled that the State of California must modify their law to allow non-residents to apply for concealed carry permits. The logic is clear. At the time of the founding, there was no requirement banning non-residents from carrying weapons for self-defense. Judge Bencivido stated: The sole i…
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. Related Articles Gun suicides in US reached record high in 2023 Rural schools fe…
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 …
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