Federal Court Rules California Ban on Non-Resident Concealed Carry Unconstitutional

A federal court in California has ruled that the state's restriction preventing nonresidents from applying for concealed carry weapons (CCW) licenses is unconstitutional, violating both the Second and Fourteenth Amendments. U.S. District Judge Cathy Bencivengo found that nonresidents who are legally permitted to carry firearms in their home states must be allowed to apply for CCW licenses in California, as excluding them infringes on their constitutional rights. The ruling was based on arguments that individuals do not forfeit their Second Amendment rights when crossing state lines, similar to protections under the First and Fourth Amendments. The decision effectively requires California to open its CCW application process to nonresidents, though the state may still regulate applicants under other criteria. This case, brought by the Firearms Policy Coalition and nonresident plaintiffs, challenges California’s residency requirement and could set a precedent influencing concealed carry laws nationwide. The ruling also critiques California's historical justifications for residency restrictions, noting many analogous laws historically allowed nonresidents to carry firearms under license.