A federal judge on Tuesday struck down California’s ban on non-residents carrying firearms. This ruling is a significant blow against the state’s effort to curb gun ownership.
The ruling is a result of a lawsuit filed by the Firearms Policy Coalition (FPC). The lawsuit contended that the ban was unconstitutional, and US District Court Judge Cathy Ann Bencivengo agreed.
California’s laws prohibited non-residents from applying for a concealed carry permit, meaning they could not lawfully carry firearms in the state.
FPC further argued that American citizens do not lose constitutional protections for free speech or religious freedom when they cross state lines. This also means people should not lose their right to keep and bear arms while traveling within the country.
The judge ruled that the ban violates the Second and 14th Amendments. The plaintiffs, lawful gun owners from other states, insisted that the law prohibited them from exercising their right to carry a firearm for self-defense. Bencivengo noted that “The conduct at issue here—carrying firearms in public for self-defense—is no different” from what the Supreme Court upheld in its ruling on New York Rifle & Pistol Association v. Bruen.
California failed to present sufficient historical laws to justify its restrictions on non-residents, which is a requirement of the Bruen ruling. In this case, the judge acknowledged that requiring permits might have roots in America’s history of regulating firearms, but explained that “the State must provide a historical analogue for licensing laws that did not allow nonresidents to apply.” The state failed to show this.
The court further rejected the state’s argument that non-residents fall outside “the people” protected by the Second Amendment. She noted that “the Supreme Court has not interpreted ‘the people’ so narrowly.”
This afternoon, Federal District Court Judge Cathy Ann Bencivengo issued an order granting final summary judgment to FPC and its co-plaintiffs in Hoffman v. Bonta, FPC’s Second Amendment challenge to the State’s ban on firearm carry by non-residents. https://t.co/QyI9sHZ39Q
— Firearms Policy Coalition (@gunpolicy) July 2, 2025
FPC President Brandon Combs lauded the ruling in a press release.
“This important judgment means that people must maintain their Second Amendment right to keep and bear arms when they cross California’s border. Just as people are free to speak or worship in states they don’t reside in, this win makes clear they are likewise free to bear arms for lawful purposes throughout the United States,” he said. “Unlike Louisiana, which recently repealed their unconstitutional residency requirement following an FPC legal challenge, California’s commitment to tyranny forced us to take this case to a final judgment. FPC will continue to eliminate unconstitutional residency requirements and other bans so that people can exercise their rights when, where, and how they choose.”
This is an excellent victory for gun rights — especially in a state like California, which is governed by anti-gunners. States like California, New York, and others have been able to run roughshod over the right to keep and bear arms. But, with the Bruen ruling, it is becoming harder for these governments to deprive people of the means by which they can defend themselves and their families.
Still, the Golden State is still one of the most anti-gun states in the union — and there will need to be more efforts to dismantle their attacks on gun rights. Fortunately, groups like FPC are leading the charge.
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