California’s persistent efforts to block non-residents from exercising their Second Amendment rights have taken yet another legal hit. On Tuesday, U.S. District Judge Cathy Ann Bencivengo ruled that the state’s prohibition on non-residents applying for concealed carry permits does not pass constitutional scrutiny. This marks the second major judicial defeat California has suffered in 2025 over this same issue.
The ruling, which granted summary judgment in favor of the plaintiffs—including the Firearms Policy Coalition (FPC) and several private individuals—reinforces what many constitutionalists have long argued: that the right to bear arms is not confined by state borders.
Defendants Attempted to Build a Case Despite the Evident Lack of Precedent
Judge Bencivengo’s decision leaned heavily on the U.S. Supreme Court’s 2022 Bruen ruling, which set a new precedent for evaluating gun control laws. Under the Bruen standard, firearm restrictions must be consistent with the nation’s historical tradition of gun regulation—meaning any such law must be analogous to those in existence during the Founding Era.
California’s legal team attempted to defend the non-resident ban by citing several obscure local laws from the early 20th century. But Bencivengo wasn’t swayed. She pointed out that these examples not only fell outside the constitutionally relevant time period but also directly contradicted historical norms.
“Ignoring these laws do not date to the Founding or Ratification Era,” she wrote in her opinion, “many laws from the same period explicitly allowed nonresidents to apply.”
Her conclusion was clear: the state’s restriction on non-residents was not rooted in historical precedent, and therefore, it could not survive constitutional challenge under the Bruen test.
California’s Controversial Law Is a Two-Time Loser in 2025
This is not the first time in 2025 that California’s ban on non-resident concealed carry permit applications has been struck down. Earlier this year, U.S. District Judge Sherilyn Peace Garnett ruled similarly in the case CRPA, et al. v. Los Angeles Sheriff’s Department, et al., which was spearheaded by Gun Owners of America (GOA) and Gun Owners of California.
In that ruling, Garnett ordered California Attorney General Rob Bonta to implement a system that would allow non-residents to apply for permits legally. As of April, a framework was supposedly established in response to her directive. However, many gun rights advocates remain skeptical. Reports suggest that the application process is being slow-walked or bogged down in bureaucratic delays.
The repeated defeats in court should serve as a wake-up call to state officials who continue to place unnecessary and unconstitutional roadblocks in the way of law-abiding gun owners—especially when those individuals are simply trying to exercise a fundamental right.
A Victory for Gun Rights and a Warning for Anti-Second Amendment Legislators
This latest ruling is not just a win for the plaintiffs; it’s a broader victory for constitutional rights and a direct message to lawmakers across the nation: the Second Amendment does not evaporate at state lines.
The consistent theme in both 2025 rulings is that constitutional protections apply equally to all U.S. citizens, regardless of where they reside. The idea that California—or any other state—can create a two-tiered rights system based on residency status flies in the face of both historical context and modern legal standards.
While state officials may continue to resist full compliance with federal court orders, the legal tide is clearly turning. As judges apply the Bruen framework more aggressively, gun control laws that lack strong historical precedent will continue to fall. For now, non-residents seeking to carry concealed firearms in California have secured a crucial legal victory—and California has once again been forced to retreat from its unconstitutional stance.
There’s no better way to support the 2A than with merch that speaks before you do.
The Anti Anti-2A Social Club is more than a name it’s a stand against censorship, double standards, and the erosion of our rights. Every tee, hat, and mug is a symbol of unapologetic defiance. Wear it with pride because defending your rights is a badge of honor.
Click the link below to join the club.