Federal judge rules California’s non-resident carry ban unconstitutional

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This story is a Media Miss by the left as only 18% is from left-leaning media.

18% left coverage63% right coverage

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 test and dismissed California’s position that the Second Amendment’s protections do not extend to nonresident individuals. Judge Bencivengo concluded that California’s restriction preventing nonresidents from seeking concealed carry permits is unconstitutional, affirming that the plaintiffs are typical, law-abiding adults entitled to Second Amendment protections.

The decision grants injunctive relief, allowing nonresidents to apply for CCW permits in California and signals a significant change in gun rights enforcement statewide.

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Key points from the Left

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- California law bars non-residents from carrying a gun. Does that violate the Second Amendment?
  The Sacramento Bee
- Federal judge says New Jersey's ban on AR-15 rifles is unconstitutional
  WHYY

Key points from the Center

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.

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- San Diego federal judge rules non-California residents can apply for concealed-carry gun permits
  San Diego Union Tribune
- Gun rights group sues Selma over "gun-free zone"
  Alabama Political Reporter

Key points from the Right

A federal judge, Cathy Ann Bencivengo, ruled that California's ban on non-residents carrying firearms is unconstitutional, violating the Second and Fourteenth Amendments of the U.S. Constitution.
The lawsuit was filed by the Firearms Policy Coalition, which argued that American citizens retain rights across state lines.
Judge Bencivengo emphasized that restricting non-residents violates constitutional protections and that California must allow non-residents to apply for concealed carry permits.
This ruling significantly impacts gun rights in the state, highlighting the importance of protecting Second Amendment rights.

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