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California Must Allow Non-Residents to Apply for Concealed Carry Permits
AmmoLand ^ | July 3, 2025 | Dean Weingarten

Posted on 07/08/2025 6:40:06 AM PDT by marktwain

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 issue in this case is whether the Constitution requires California to allow nonresidents to apply for a concealed carry weapons (CCW) license. Plaintiffs, who are not California residents, complain that they are prohibited from carrying a firearm for self-defense when they visit California.

The issues in this case are much broader, but this correspondent is not the District Judge.

The State of California contended that bans on licenses for carry were common for non-residents. For example, from the Defendant’s brief:

 Nineteenth century law further reflects this historical principle. In 1880, the City of Brooklyn promulgated a law providing that “[a]ny person twenty one years of age and over . . . who has occasion to carry a pistol for his protection, may apply to the officer in command of the station house of the precinct where he resides, and such officer, if satisfied that the applicant is a proper and law abiding person” shall recommend that the Commissioner of Police issue him a permit.

The time frame of the laws in question is much too late to be considered relevant. Judge Bencivido has issued an order granting partial summary judgment in part to the plaintiffs. From the order:

For the above reasons, the Court grants Plaintiffs’ motion for summary judgment as to their facial challenge pursuant to the Second/Fourteenth Amendment and denies the request for relief pursuant to the Privileges and Immunities Clause.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 90to6; banglist; california; cathyannbencivengo; ccw; concealedcarry; concealedcarrypermit; judge; judgewatch; obamajudge; sdcalifornia

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Fundamental,enumerated Constitutional rights are not limited by state borders.
1 posted on 07/08/2025 6:40:06 AM PDT by marktwain
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To: marktwain

Another dizzy skank, foreign “dipstick judge” from Mehico trying to take over America. This is treason. The Mexican invasion continues and our weaponized, so-called “judiciary” is a friggin circus.


2 posted on 07/08/2025 6:44:54 AM PDT by FlingWingFlyer (Correction! America is a nation of LEGAL IMMIGRANTS! All of mine came here legally. No free stuff.)
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To: marktwain

Correct. Any requirement for a permit or a license to purchase, possess or carry a weapon is a clear infringement upon our second amendment rights.


3 posted on 07/08/2025 6:47:22 AM PDT by JimRed (TERM LIMITS, NOW! Finish the damned WALL! TRUTH is the new HATE SPEECH! )
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To: marktwain

Yes another District Judge believes her power in unlimited.


4 posted on 07/08/2025 6:55:37 AM PDT by Vaduz
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To: FlingWingFlyer

Umm, “non-resident” means U.S. citizens from other states.


5 posted on 07/08/2025 6:56:42 AM PDT by Rinnwald
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To: marktwain
somebody show the judge: "Gun Control Act of 1968 (18 U.S.C. § 922)"
It imposes restrictions on certain groups, including non-citizens, from possessing firearms.
For example, 18 U.S.C. § 922(g)(5) prohibits non-citizens who are illegally or unlawfully in the U.S., or admitted under a nonimmigrant visa, from possessing or receiving firearms or ammunition, with limited exceptions"

Does the judge's ruling do away with this law ?
Did the judge just make California a constitutional carry state?
6 posted on 07/08/2025 6:58:26 AM PDT by stylin19a ("Death Smiles At Everyone - Marines Smile Back" - 250 years of smiling - 11/10/2025)
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To: Vaduz

A California district judge ruling about a California law? Insanity!

Also, for all commenters with reading comprehension issues, non-resident permits in the concealed carry world are for legal residents of other states.


7 posted on 07/08/2025 6:59:36 AM PDT by Rinnwald
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To: Rinnwald

Check


8 posted on 07/08/2025 7:38:03 AM PDT by Vaduz
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To: marktwain
I understand it's not easy to get concealed carry official permission in California, and usually requires some political connections.

Is "non-resident" just a weasel word for illegal aliens, or really any non-resident. Such as someone who lives somewhere else?

9 posted on 07/08/2025 7:49:50 AM PDT by Salman (It's not a slippery slope if it was part of the program all along.)
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To: Salman

I understand it’s not easy to get concealed carry official permission in California, . . . .

= = =

And even then, you don’t want to shoot someone.


10 posted on 07/08/2025 8:01:29 AM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT. And I am generally full of /S)
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To: marktwain

You don’t live in CaCaLand. Been here for 30+ years. You cannot get a CC permit unless a local sheriff does it. None will, unless you are rich or celebrity.
Yeah, there is a process, arsehole commie trash always go on about “a process”. But, imagine you are an Asian applying to Aaverd. Dream on.
You will leave the state before you get approval. And, the first time you might carry the gun will be confiscated by the first copper who is told you are doing so — and the “return” process will take forever.

99% of commercially available guns of any type are forbidden in CaCaLand — you can buy only off a list the gov’mt publishes. And, that list is NEVER updated to match SCOTUS rulings. NEVER.


11 posted on 07/08/2025 8:22:59 AM PDT by bobbo666
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To: Salman

Siskiyou County Sheriff issues to out-of-state applicants after jumping through some hoops.


12 posted on 07/08/2025 8:25:02 AM PDT by Rio
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To: Rinnwald

“..., “non-resident” means U.S. citizens from other states.

I smell money in all of this.


13 posted on 07/08/2025 8:32:06 AM PDT by Clutch Martin ("The dawn cracks hard like a bull whip and it ain't taking no lip from the night before" Tom Waits)
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To: marktwain

Not sure this actually means much. It’s California. You can apply any time you want, but you can never leave.


14 posted on 07/08/2025 8:34:59 AM PDT by Billthedrill
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To: Salman
I understand it's not easy to get concealed carry official permission in California, and usually requires some political connections.

Believe it or not, California is now a shall-issue state since the Supreme Court’s ruling on the NYSRPA v Bruen on June 23rd, 2022.

15 posted on 07/08/2025 8:43:52 AM PDT by Ol' Dan Tucker (For 'tis the sport to have the engineer hoist with his own petard., -- Hamlet, Act 3, Scene 4)
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To: marktwain

New York next, please.

Nonresident permits are not allowed.


16 posted on 07/08/2025 8:44:59 AM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: marktwain

Why are illegal lawbreakers allowed all Constitutional Rights as Citizens when they step accross the border?


17 posted on 07/08/2025 9:46:00 AM PDT by chopperk
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To: chopperk

“Why are illegal lawbreakers allowed all Constitutional Rights as Citizens when they step accross the border?”

They aren’t.


18 posted on 07/08/2025 9:48:16 AM PDT by TexasGator (.i.. logo About Issues Projects Products Connect Subscribe Invest June 19, 2025 | Insight '1-1111 -)
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To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

19 posted on 07/08/2025 10:11:23 AM PDT by PROCON (Sic Semper Tyrannis)
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To: marktwain; All
Thank you for referencing that article marktwain.

Fundamental,enumerated Constitutional rights are not limited by state borders."


Here is constitutional protection for non-resident citizens.

"Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

20 posted on 07/08/2025 11:33:50 AM PDT by Amendment10
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