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Federal Judge Invalidates California’s Nonresident CCW Ban

The ruling applies the Supreme Court’s Bruen framework to find no historical justification for excluding nonresidents from California’s CCW licensing process.

A student training for a license to carry a concealed weapon pulls back her coat to draw and shoot during an Allsafe Defense Systems class in Chino in 2016. (File photo by Jebb Harris, Zuma Wire.)
Concealed Carry Firearm Drawn From an Inside-the-Waistband Holster - stock photo
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Overview

  • Judge Cathy Ann Bencivengo granted summary judgment in Hoffman v. Bonta, ruling that California’s ban on nonresidents applying for concealed-carry licenses violates the Second and Fourteenth Amendments.
  • The court held that California’s argument excluding nonresidents from “the people” protected under Heller conflicts with established Supreme Court precedent.
  • Applying the Bruen historical-analogue test, Bencivengo found no Founding Era laws to justify imposing a residency requirement in a general firearms licensing scheme.
  • Bencivengo directed the parties to meet and submit a proposed injunction order within 30 days in accordance with her judgment.
  • California’s Attorney General’s Office is preparing to appeal the decision, which contributes to a wider wave of federal challenges against the state’s strict gun licensing laws.