A holstered handgun on display at the 2023 NRA Annual Meeting
A holstered handgun on display at the 2023 NRA Annual Meeting / Stephen Gutowski

Analysis: Some Non-Residents Will Soon Be Able to Carry in California [Member Exclusive]

Long a national outlier, California will have to allow at least some out-of-state visitors an opportunity to carry a firearm in the near future.

On Thursday, US District Court Judge Sherilyn Peace Garnett signed an order laying out the terms of a preliminary injunction she previously issued against in CRPA v. LASD last August.

That initial injunction found that California’s practice of denying non-residents the ability to apply for a concealed carry permit likely violated the Second Amendment. It directed the coalition of gun-rights groups that first brought the suit to work with state officials on a practical agreement on how that ruling would be implemented. With Garnett’s approval, Americans planning to make their way to the third most visited state in the country now have a realistic chance of doing so while lawfully armed.

But there are some important caveats.

Who Can Apply

One practical limit to the order’s reach is that it is currently limited to the plaintiffs in the case and their members. Beginning in 90 days, only members of either the California Rifle & Pistol Association, Gun Owners of America, Gun Owners of California, or the Second Amendment Foundation who are not otherwise prohibited from possessing guns under federal or California law will be permitted to apply.

What’s the Process

By and large, out-of-state applicants seeking a California non-resident permit will have to meet the same application criteria and processes spelled out by the state’s Bruen-response law. That includes classroom and live-fire training requirements, fingerprinting, a potential psychological exam, and fees.

However, Judge Garnett’s order does include some allowances for non-resident applicants that provide flexibility above and beyond that afforded to in-state applicants. For instance, though California residents are required to apply for a permit with the police agency or sheriff’s office covering the jurisdiction where they reside, qualified non-resident applicants will be allowed to apply with any local issuing authority, provided it’s a jurisdiction “in which they intend to spend time within the subsequent twelve (12) months and attest to that intention under oath in the application.”

With some California licensing authorities already notorious for charging thousands of dollars and slow-walking applications, that’s an accommodation with the potential to save non-residents serious money and time.

The order also allows non-resident applicants to complete the required non-live-fire training and any required interviews or psychological examinations virtually rather than in person. The live-fire course is still required for each handgun an applicant intends to carry in California, but it can be completed anywhere, subject to the approval of a local licensing authority. If the licensing body does not approve of an applicant’s preferred course, they are required to suggest an approved course within a 75-mile radius of the out-of-state applicant’s residence.

Restrictions

Beyond the special allowances spelled out in the order, non-resident permittees will be subject to all of the same weapons-related restrictions as Californians. That means non-residents can only carry handguns and ammunition magazines that are legal to possess in the state. They’ll also be required to identify the make, model, and serial number of any handgun they intend to carry ahead of time, which will be listed on their permit.

It also means that even those who can successfully wade through the novel application process to receive a permit are still subject to the dozens of “sensitive places” restrictions the state has adopted in recent years. That significantly limits the practical benefit of a California carry permit.

Why it Matters

While the order is restricted somewhat in who it applies to, it still marks the first time in the 21st century that most non-Californians will be provided a practical, legal avenue to carry a firearm in public for self-defense while spending time in the state.

The gun-rights advocates who secured the order said it is a sign of progress in their longstanding quest to increase gun-carry rights nationwide.

“While this isn’t the permit reciprocity we hope will eventually be the law of the land, it is a big step towards the principle that the Second Amendment does not end at state lines,” Chuck Michel, President of the California Rifle and Pistol Association, said in a statement.

It also marks one of the first times since the Supreme Court recognized a fundamental constitutional right to carry a firearm for self-defense that a federal court has ordered a state to recognize non-resident carry rights. It comes as gun-rights advocates are actively filing additional suits in states and cities across the country, hoping to replicate the result. Meanwhile, they’re similarly working at the federal level to solve the issue once and for all with so-called national reciprocity legislation under a newly minted GOP governing trifecta.

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Created by potrace 1.16, written by Peter Selinger 2001-2019

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Created by potrace 1.16, written by Peter Selinger 2001-2019

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