HomeLatest NewsSecond Amendment Victory: Non-Resident Carry Ban In California Ruled Unconstitutional

Second Amendment Victory: Non-Resident Carry Ban In California Ruled Unconstitutional

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A federal judge has ruled that California’s ban on firearm carry by non-residents is unconstitutional, siding with the Firearms Policy Coalition. The decision affirms that Second Amendment rights do not end at state borders, strengthening legal protections for lawful gun owners traveling across state lines.


SAN DIEGO, CA (3-minute read) — A federal judge in California has ruled that the state’s ban on allowing non-residents to carry firearms—whether concealed or openly—is unconstitutional. The decision marks a significant win for the Firearms Policy Coalition (FPC) and supporters of Second Amendment rights, who argued that constitutional protections should not stop at a state line.

The case, Hoffman v. Bonta, was brought by FPC along with several of its members who reside outside California but frequently travel into the state. They challenged California’s policy, which bars out-of-state residents from applying for a concealed carry permit. Despite the existence of a concealed carry permitting system for Californians, non-residents have long been shut out, even if their home state recognizes and permits lawful carry.

Federal District Court Judge Cathy Ann Bencivengo sided with the plaintiffs, issuing a final summary judgment stating that the state’s residency requirement violates the Second Amendment.

“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,” said Brandon Combs, President of FPC.

The ruling is consistent with prior U.S. Supreme Court decisions that reinforce the national scope of constitutional rights. Just as a traveler doesn’t forfeit free speech or religious freedom upon crossing state lines, they shouldn’t lose their right to self-defense either.

This victory adds to a growing list of wins for FPC against California’s restrictive firearm laws, including overturning bans on so-called “assault weapons” and the 1-in-30-day handgun purchase limit. It signals a broader trend of courts reining in overly restrictive gun laws that don’t align with constitutional protections.

Safety Tip: If you plan to travel with a firearm, always research the laws of the state you’re visiting, including transportation, storage, and carry rules. Even after favorable rulings, some jurisdictions may still enforce older laws until formally repealed or updated.

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