A district judge has ruled that California’s ban preventing non-residents from applying for concealed carry weapon (CCW) permits is unconstitutional, stating that out-of-state visitors should have the same right as residents to apply for a license.
US District Judge Cathy Ann Bencivengo, serving the Southern District of California, issued the ruling in response to a lawsuit filed by members of Firearms Policy Coalition. The plaintiffs are licensed to carry firearms in their home states but are barred from even applying for a CCW while visiting California, which they argued is unconstitutional.
“Opening the application process to nonresidents does not limit California’s ability to regulate who receives a CCW license based on other measured parameters,” Bencivengo’s order stated. “Nonresidents are simply afforded the same chance guaranteed to residents to exercise their Second Amendment rights.”
According to a report by the San Diego Union-Tribune, the plaintiffs are also entitled to injunctive relief. They now have 30 days to meet with state attorneys and propose the terms of that injunction, which is expected to bar enforcement of the residency requirement and allow otherwise eligible non-residents to apply for CCW licenses in California.
As a result of Bencivengo’s ruling, California and its licensing agencies may begin allowing CCW applications from non-residents immediately.
“This important judgment means that people must maintain their Second Amendment right to keep and bear arms when they cross California’s border,” said Firearms Policy Coalition President Brandon Combs in a public statement. “Just as people are free to speak or worship in states they don’t reside in, this win makes clear they are likewise free to bear arms for lawful purposes throughout the United States.”
