A federal judge has ordered California to accept concealed carry applications from out-of-state residents. This victory is the second time a state has been forced to issue out-of-state concealed carry permits this month. Early in August, New York City passed an emergency order to issue permits to non-New York residents to avoid a lawsuit by Gun Owners of America (GOA).
In this case, the California Rifle Pistol Association (CRPA), Gun Owners of California (GOC), Gun Owners of America (GOA), Gun Owners Foundation (GOF), and the Second Amendment Foundation (SAF) teamed up to take on the California concealed carry law, in CRPA v. Los Angeles Sheriff’s Department (LASD). Plaintiffs filed the lawsuit in the United States District Court for the Central District of California. The suit challenges California’s refusal to issue or recognize out-of-state concealed carry permits, the exorbitant fees to obtain a concealed carry permit, the long wait times, the required psychological exam, and the discretionary denials by issuing agencies.
The plaintiffs claim that the California concealed carry permit scheme was unconstitutional. They alleged that the State’s concealed carry law contradicts the Supreme Court’s Bruen opinion. Bruen says the right to bear arms extends beyond the home, and the State must have a way for Americans to carry guns for self-defense outside their residence. The ruling mandated that all states become “shall issue.” Since the California scheme had no way for an out-of-state resident to carry a firearm in California, it was in direct conflict with the Bruen legal standard, according to the plaintiffs.
California argued although the law was not consistent with the text of the Second Amendment, it was consistent with the tradition and history of the Second Amendment. Once a law is established as inconsistent with the text of the Second Amendment, the burden falls on the State to provide historical analogs from the founding era to demonstrate that the current law would have been allowed at the time of the Second Amendment’s ratification. The State provided examples of laws, but all the laws cited were based on racism, not from the founding era, or were unrelated to the California concealed carry permit law. The judge rejected the State’s attempt to justify its concealed carry permit scheme by citing racist laws, laws from the 20th century, and laws that were not similar to the California law.
“For clarity and for purposes of this Motion: the present issue is that nonresident Plaintiffs’ Second Amendment rights to lawfully carry firearms in public for self-defense are burdened—indeed, entirely barred—by California’s statute that allows only Californians to apply for CCW licenses,” the judge wrote. “The only historical analogues offered by the State that involve a remotely similar method of burdening Second Amendment conduct, namely, limiting exercise of Second Amendment rights to a state’s own residents, are the 20th century laws in Georgia, Oregon, and West Virginia.”
District Court Judge Sherilyn Peace Garnett, a Joe Biden appointee, issued a preliminary injunction nullifying the California law preventing out-of-state residents from applying for a concealed carry permit. The judge could have mandated reciprocity with other states, but she stopped short of ordering that. The judge also ruled that the waiting time was too long and unconstitutional. Many people in the Golden State wait up to 18 months for a concealed carry permit. The State will have to cut the wait times substantially.
Judge Garnett chose not to issue an injunction against the exorbitant fees, the required psychological exam, and the discretionary denials. These issues will have to wait until the judge can rule on the merits of the case. California is expected to appeal the injunction to the Ninth Circuit Court of Appeals and request a stay on the judge’s ruling.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
Like NYC this is a democratic trap California has more rules laws and agency’s that are sucking the life out of those still willing to call those places home.
As a native NorCaler who left the state 25 years ago and will never go back (barring Jefferson State), your point is center-mass.
not all that many years ago, during my HS years before I enlisted in the US military and did a tour in RVN, and well before my 18th birthday! I used to strap on a holstered .22 mag revolver, buy a brick of 500 rounds of .22 long rifle, put on my target shooting coat, pick up my .22 target rifle, and every Saturday board a bus from my home to a range in Santa Monica (CA). A 100 to 150 long rifle rounds lighter and a box of .22 mag lighter I would walk to the bus stop and… Read more »
Vietnam wasn’t that many years ago?
Long enough that the younger generations don’t know of it
If the later generations knew of Vietnam, then maybe, all the forever wars since would’ve been avoided… No Black Hawk Down. No empire building in Afghanistan, Iraq, Syria, Libya, Ukraine… And soon Iran.
Maybe we’d learn that those 30,000 troops protecting South Korea’s border should be here, protecting our own borders!
They know of the Vietnam war. Present day H.S. history classes spend several weeks on it starting with the French colonization of the country, progressing to it was all President Nixon’s fault and culminating in mock trials of Lt. Calley. And no, Calley’s book telling his side of the story is never mentioned.
Thank you for your service @Novice.but.learning, we’re glad you made it back home.
Not in Minnesota they don’t. I’m 31, so it’s been awhile since HS for me, but, Vietnam, was one day. Not enough to cover anything, not the truth, not the lies, hardly a foot note.
I don’t see how anyone can defend Calley. Massacring a whole village? Big Army’s coverup. G.I.’s weren’t the baby killers the hippies tried to paint them as. But Calley and his platoon were an exception.
One of my children is 32 and I witnessed what was taught. It is not a matter of Calley’s guilt. It’s the show trial aspect and his lawyers only knowing about what is in the history book, notes from the teacher and news of the day, not presenting his side. Also, it was Johnson who practiced escilatio in the war, Nixon was winding it down and trying to negotiate for peace. You like to read. Pick up a copy of “Soldier” by Lt. Col. Anthony Herbert. It’s an interesting perspective and real life account. If you prefer to sit in… Read more »
Then perhaps where you live they spent more time on Vietnam than we did.
Of course Calley was going to be the only one blamed, the deep state never would find itself guilty.
And obviously JFK’s refusal to ramp up the war, was one reason for his assassination. And Nixon winding down the war was a major reason for the deep state staging Watergate.
I’ve seen ‘Tour Of Duty’, good show.
Allowing your platoon to massacre a village, is taking care of your men?
Wow… That’s a new one.
I graduated elementary school about the time Vietnam ended. Think we might have touched on it in high school – but think not. If we did it came across as ancient history same as spartans vs persian wars. Maybe it was too soon to have developed materials and teaching criteria on Vietnam – but I remember having “current events” sessions so should have cover recent history. More likely this lack was because I went to school in California… State was already on road to current mess. Doesn’t do for the plebians to understand history or state over-reach. If we understand… Read more »
I hear ya.
I lived in Los Angeles for 40 years.
Saw it go from a great place to live to a total hole.
Best move you can make is to a Red State and buy as many firearms as you can afford and as much ammo as you can.
Be prepared. Keep your head on a swivel and don’t trust a Libtard.
Molon Labe!
Used to live in SoCal and went shooting as a kid near Sepulveda Dam. Today, I wouldn’t set foot in the state if they paid for my plane ticket and bought my ammunition. The Bible says you shall know them by their fruits, and the latest fruits to come out of Californistan are CommieLa and Newsome. Cali used to be beautiful, but today it’s just not worth the risk.
Same here, I left the San Diego area 25 years ago to relocate in wide open Wyoming. I saw what was getting worse and what was just ignored, I have family there still and I’ll never enter Kalifornia again. I don’t trust them to “protect” any law abiding citizens and I’ll never trust anyone with my safety. I’ll never be rich enough or connected enough to be able to use the system to my advantage, and I’ll never be “criminal” enough in order to enter the rotating door of “justice”.
lol. You can’t go to Sepulveda basin now unless you live in a tent.
It’s a total sh!thole.
My folks still live down the street.
They have lost their way. They have TDS.
No concept of reality from watching ABC and the View.
Total morons. Crazy since they bought the Hillary BS and still think Trump Colluded with Russia.
It’s insanity.
GOP could’ve passed National Reciprocity… Funny how REPUBLICANS say they’re pro gun, but when they have the opportunity, so very rarely ever DO anything pro gun.
Actually, they couldn’t have. The votes weren’t there in the Senate. I agree that McConnell should have forced a vote on it to put Dems on record, so that was a failure. But, it wouldn’t have passed. It will take a 60 GOP majority in the Senate or a SCOTUS decision along the lines of the gay marriage ruling nearly a decade ago to force it to all 50 states and territories.
Trump’s first two years, GOP had the Senate, the House, and of course the White House.
It’s a case of playing hard ball, and using power legally, and clever political calculation. Which conservatives have historically sucked at.
And as far as not DOing anything pro gun, sometimes the best option is that they DON’T do anything anti-gun.
I disagree. Why does the left always win? Because they’re always on offense.
Ever wonder why, the only generals people remember and like are the ones of days gone by? Patton? MacArthur? Those guys, and ones from earlier eras? It’s because they didn’t sit on their duffs and take the heat. Instead, they stood, and led attack after attack after attack.
It’s high time “conservatives” take a lesson from those old timers, and get off their duffs and go on offense. Will they win every battle? No. But how can they win, if they don’t try?
“You miss 100% of the shots you don’t take.” Wayne Gretzky, but he was talking hockey.
That line could apply to anything, ESPECIALLY politics.
Our generals stopped winning wars starting with Korea followed by another non-win in my war, Vietnam. My personal philosophy is you can’t win a fight by being nice. America has forgotten that.
MacArthur tried to win Korea, and Truman fired him.
There’s no money in a fast victory. It’s not about being nice, it’s about raking in the dough.
I was just brushing up on the “laws” of CA for having the “privilege” of a CCW Permit.. They don’t make it easy… I got a kick out of this line however…
Lifetime Prohibitions Convictions • Any person with two or more convictions for exhibiting any firearm in a rude, angry, or threatening manner
Who knew being rude was a determining factor to a lifetime ban. I wonder what SCOTUS thinks of that..? I didn’t see it in the bill of rights.
please give me a definition of rude gun ownership.
Freaking libtard snowflakes.
In California letting anyone see your gun is considered rude. So everything after “exhibiting any firearm” is superfluous.
God I’m glad to be free of that state.
I think this is ridiculous as it provides a revenue stream to the offending state. What these federal judges should be doing is requiring these states, CA & NY, to honor all out of state issued permits, ccw or otherwise (full reciprocity). The only exception should be if the state one is from is still hindering that person from getting a permit from their home state for nothing more than because they can. Besides the fact a non prohibited person shouldn’t require any state issued permit (permission slip) to open or conceal carry for a right guaranteed in the US… Read more »
This order only requires California to “accept” applications. Provided applicants pay a hefty fee before stiff rejection.
their fee’s are pretty high.. I think the initial application for 2 years was well over $300.
What if I’m black, with a capital B, trans, on welfare, queer, and un-housed? Would I still have to apply and pay?
You would end up in the express lane. No fee. No permit required. Do what you want and, worst case, you get to go right on around the revolving door of the CA justice system.
“Worst case”… Sounds like a safe conduct pass to me!
you might actually get a free gun… democrats thrive on violence… it furthers their agenda of bigger government and weak citizens living in fear.
Damn right! Reparations!
My statecharged $55 for initial card, had to go visit the Sheriff to get the mugshot and prints. Every five years I hve to renew. Just did that last month, cost $32 and done online. the Sheriffs areVERY courteous and friendly, too. I suppose a guy in Calif could make a srng case for the fees for their Mother May I Card are disqualifying for some. And it would be a valid reason to sue. I am waiting for SCOTUS to not just tekk these rebel states what the law is and means, but to flat out ORDER hose rebel… Read more »
California law regarding CCW requires the issuing authority (usually the Sheriff) to issue a response to the CCW license applicant or grant the permit within 90 days of the application submission. I used to have the specific code number bookmarked, but can’t find it right now. It took 18 months and about $250 after Bruen to get my CCW. So much for following the law.
If your application is denied does the state issue a refund? Maybe Ca just wants the fees involved to process with no intention of issueing a permit.
I still wouldn’t set foot into this Chithole State!
It’s actually quite beautiful, if you’re away from the metropolitan areas. Just don’t live there, the beauty ain’t worth the loss of civil rights and excessive taxes/costs. A few strategically-placed neutron bombs would do the state wonders.