On Thursday, lawyers for the Firearms Policy Coalition filed a lawsuit against the state of California for prohibiting non-residents from carrying guns in the state. After the NYSRPA v Bruen decision was handed down, the state was required to actually follow the Constitution and end its “may issue” concealed carry permitting regime. Agents of the state no longer get to arbitrarily decide who has a “need” to carry a gun.
Like other anti-gun states, California has been playing games ever since, expanding the list of “sensitive places” where permitted concealed carry is prohibited. Organizations like FPC have been swatting these restrictions down as quickly as possible and the fight continues.
While the situation has improved for permit applicants, there is one class of people who are completely prohibited from carrying in California — non-residents.
Not only does the Golden State not recognize other states’ permits, non-residents aren’t eligible to apply for a California carry permit. This has led three named plaintiffs (including SNW contributor Jennifer Sensiba) to join with FPC in challenging this blatantly unconstitutional situation in court.
“This ban is unconstitutional. Individuals like Plaintiffs do not lose protection of their rights under the First Amendment’s speech or religion clauses when they cross state lines. Nor do they lose their protections under the Fourth Amendment’s prohibition on unreasonable searches and seizures. They likewise do not surrender their Second Amendment protected rights when they travel outside their home state,” the plaintiffs say in their complaint (which you can read here).
The complaint points out that Bruen cleared removed any doubt as to an individual’s right to carry a firearm. California’s absolute ban that non-residents face is, then, clearly unconstitutional.
There’s no broad historical precedent at the time of the ratification of the Constitution, either. If anything, the Constitution’s privileges and immunities clause makes it even more clear that people visiting from out of state aren’t second-class citizens and no other constitutional right is treated this way.
“California’s ban on firearm carry by non-residents is blatantly unconstitutional,” said FPCAF President Cody J. Wisniewski, also counsel for FPC. “Whether California likes it or not, the United States Constitution requires the State to allow non-residents the ability to exercise their natural, fundamental right to bear arms. We again look forward to reminding California that it is not above the Constitution.”
The complaint asks the court to declare California’s prohibition on non-resident carry unconstitutional and enjoin state agencies from enforcing the ban on out-of-state applicants.
“The right to bear arms doesn’t end at California’s border,” said Brandon Combs, Founder and President of FPC. “We look forward to eliminating this unconstitutional ban and restoring liberty in the Golden State.”
One Response
NEWS FLASH: Non-residents are also prohibited from purchasing ammo here. If you’re not on record with CADOJ as a CA resident with a valid registered firearm in the AFS database, then you cannot purchase. And CA residents are generally prohibited from purchasing elsewhere and importing it back with then upon their return. I say “generally” because there are a couple of exceptions, but even those are limited to a mere 50 rounds.