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California Ban on Carrying Firearms for Non-Residents Challenged
AmmoLand ^ | April 15, 2024 | Dean Weingarten

Posted on 04/18/2024 6:39:29 AM PDT by marktwain

On April 11, 2024, a lawsuit was filed against Rob Bonta in his capacity as the Attorney General of California. The lawsuit contends California infringes on the rights protected by the Second Amendment of the Bill of Rights by prohibiting United States citizens who are non-residents of California from exercising rights protected by the Second Amendment in the state.

2. California, however, prevents law-abiding citizens of the United States who do not reside in California from exercising their constitutionally protected right to carry loaded, operable firearms in public. State law generally prohibits individuals from carrying firearms either openly or concealed in public, and non-residents are not eligible for a license to carry a firearm in public. Indeed, California’s unconstitutionally restrictive scheme provides no path for non-residents to carry a firearm lawfully in public at all. As a result, individuals like Plaintiffs Hoffman, Orrin,and Sensiba, who have been issued carry licenses in their respective home states (and are allowed by other states that either do not require a license, or which offer reciprocity based upon the license(s) they hold), are barred from lawfully carrying a firearm in public for self-defense when they visit California.

The lawsuit contends the ban on carry by non-residents is unconstitutional. U.S. citizens do not lose the protection of the Bill of Rights when they cross state lines. They do not lose the right to free speech, the right to practice their religion, or the protection from unreasonable searches or seizures.

This is not the first case that challenges the power of states to block the exercise of rights protected by the Second Amendment by non-residents. In the early challenge to highly restrictive California law on carry permits,

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


TOPICS:
KEYWORDS: 2a; banglist; ca; california; nonresident
The idea that states can ignore limitations put on government power by the Bill of Rights, is no longer tenable.
1 posted on 04/18/2024 6:39:29 AM PDT by marktwain
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To: marktwain

And another reason to never go to California!


2 posted on 04/18/2024 6:53:46 AM PDT by JoJo354 (We are the revolution....)
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To: marktwain

IIRC they changed the law for non citizens/LEOs after an out of state reserve/auxillary deputy was killed in a robbery. The robbers dug through his pants and found his badge and immediately killed him in a restaurant in front of family. Wife said he left his gun back in TN b/c it was against the law. After that, CA let out-of state LEO carry concealed. That was 1998 or so.


3 posted on 04/18/2024 6:53:51 AM PDT by DCBryan1 (Inter arma enim silent leges! - Cicero )
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To: marktwain

...”limitations put on government....”. I don’t get it. 😊👍. I try to avoid crossing the state line if I can but sometimes I have to. Always POs me to disarm the truck. And the “high cap” mags as well.


4 posted on 04/18/2024 6:54:02 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉! 🇮🇱👍!)
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To: JoJo354

5 posted on 04/18/2024 6:54:54 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: marktwain

If only there were something about “privileges and immunities of Citizens of the other States” in the Constitution...


6 posted on 04/18/2024 6:56:42 AM PDT by castlebrew (Gun Control means hitting where you're aiming!))
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To: marktwain

Armed Criminals


7 posted on 04/18/2024 7:01:18 AM PDT by butlerweave
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To: marktwain

State citizenship does not determine need of self protection- national citizenship does! Every citizen of the US is entitled to self defense via the second amendment. Nowhere in the constitution does it state that non citizens of a state must disarm if entering a state that forbids non residents from owning and carrying a gun!


8 posted on 04/18/2024 7:06:29 AM PDT by Bob434
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To: Bob434

Meant to add, the second amendment is an inalienable right- a God-given right, not a national right. The second amendment simply confirms that right to everyone nationally, regardless of what state they are in!

As sovereign citizens in a sovereign nation, we have inalienable rights- one of them is to protect the lives of we and our families and friends, and even of strangers if the need arises. A state and even a nation can not deny a sovereign citizen that right- everyone has the right to defend themselves agaisnt evil!


9 posted on 04/18/2024 7:10:47 AM PDT by Bob434
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To: marktwain

later


10 posted on 04/18/2024 7:19:32 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: JoJo354
Which? The gun control, or the soon to be armed and open-carrying mobs of unhoused illegal aliens?

Meh...either one is good.

11 posted on 04/18/2024 7:27:02 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: marktwain

This would be a good case for the Supreme Court to mandate CCW Reciprocity among the States, especially since a MAJORITY require NO PERMITS.


12 posted on 04/18/2024 7:46:45 AM PDT by eyeamok
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To: marktwain

Maybe in 10 years when this case reaches SCOTUS we will then have nationwide reciprocity.

I’ll be dead by then.


13 posted on 04/18/2024 8:18:58 AM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: DCBryan1
IIRC they changed the law for non citizens/LEOs after an out of state reserve/auxillary deputy was killed in a robbery. The robbers dug through his pants and found his badge and immediately killed him in a restaurant in front of family. Wife said he left his gun back in TN b/c it was against the law. After that, CA let out-of state LEO carry concealed. That was 1998 or so.

The Law Enforcement Officers Safety Act (LEOSA) was enacted in 2004 that allows active duty and certain retired law enforcement officers to carry in all 50 states.

14 posted on 04/18/2024 8:22:44 AM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: marktwain

They want the invaders armed.

For some reason.

I wish I could figure out what it is........


15 posted on 04/18/2024 8:56:26 AM PDT by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus…)
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To: marktwain
California, however, prevents law-abiding citizens of the United States who do not reside in California from exercising their constitutionally protected right to carry loaded, operable firearms in public.

Kali residents don't enjoy that right. It's a privilege there granted rarely and grudgingly by the state.

16 posted on 04/18/2024 9:04:14 AM PDT by Billthedrill
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To: marktwain

This should be a slam-dunk, but CA will fight it to their dying breath. The exact same suit should be brought in EVERY non-constitutional carry state. I would even bring it in states the have reciprocity. The entire idea of needing ‘permits’ to exercise a God-given right needs to be destroyed.


17 posted on 04/18/2024 10:39:56 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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