The decision, issued by U.S. District Judge Cathy Ann Bencivengo, an Obama-appointed judge, stems from the Hoffman v. Bonta case, where non-resident plaintiffs challenged California’s restrictive law.
Judge Bencivengo emphasized that the Second Amendment’s protections extend to all members of the national community, not just state residents, as supported by Supreme Court precedents like Heller and Bruen.
Here’s what her ruling boiled down to:
“Opening the application process to nonresidents does not limit California’s ability to regulate who receives a CCW license based on other measured parameters. Nonresidents are simply afforded the same chance guaranteed to residents to exercise their Second Amendment rights. In reaching this conclusion, the court agrees with its sister court in the Central District that the challenged statutory framework’s exclusion of nonresidents violates the Second Amendment.”
California failed to provide historical evidence from the Founding era to justify excluding non-residents from applying for concealed carry licenses. The state’s cited laws, including a 1900s California statute and one restricting Native Americans, were deemed irrelevant or outdated.
Judge Bencivengo rejected the state’s argument that non-residents are not part of “the people” protected by the Second Amendment.
The ruling grants injunctive relief, potentially allowing non-residents to apply for permits immediately, pending a proposed injunction within 30 days.
California’s Attorney General Rob Bonta expressed intent to review the opinion, signaling potential appeals to defend the state’s gun laws.
The ruling aligns with the Supreme Court’s 2022 Bruen decision, which requires gun regulations to be consistent with historical firearm traditions. This judgment reinforces the principle that Constitutional rights, including the right to keep and bear arms, do not vanish at state borders.
Read more at Straight Arrow News.
