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Friday, April 19, 2024

California Ban on Carrying Firearms for Non-Residents Challenged

On April 11, 2024, a lawsuit was filed against Rob Bonta in his capacity as the Attorney General of California. The lawsuit contends California infringes on the rights protected by the Second Amendment of the Bill of Rights by prohibiting United States citizens who are non-residents of California from exercising rights protected by the Second Amendment in the state.

7 comments:

  1. I carry in South Carolina, along with close to 30 other reciprocating states, and always assumed that states that didn't reciprocate, like Connecticut, wouldn't allow me to carry there...did I miss something?

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    1. Go to the URL below, click on your State (or any State you're interested in) and it'll tell you which States honor other States' permits.
      Basically, stay off the West Coast, most of the Northeast, and of course, Illinois.
      https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/

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    2. You are missing something. All those reciprocity agreements among the states that honor them were instituted pre-Heller v. DC and pre-McDonald v. Chicago. Heller determined that the Second Amendment is an individual right, and McDonald determined that said right was incorporated against the states as is the First, Fourth, Fifth, Sixth (and others, but not all) are. So, since the 2d Amendment is incorporated, California theoretically can’t preclude non-State residents from exercising their rights thereunder. But it will require more litigation (And Expense and time) for a federal court to tell them so.

      On a slightly different note, driving a car is not a constitutional right. Many years ago, all the states, with the blessing of Congress, enacted the interstate driver, compact, which allows drivers possessing a License issued by any state to drive in every other state.

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    3. Remember that the next time an antigun loon says, “We license car drivers but not gun owners.”
      If your state allows me to drive there, my CCW permit should also be good to go.
      It isn’t.

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  2. Sadly the outcome of this lawsuit was determined before it was even filed....

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  3. I was on Baltimore recently, pre Bridge collapse, and I can say that they have no reciprocity with anyone and basically no resident can get a permit. The homicide rate is approximately high.

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    1. Maryland does not have a firearm problem. Maryland has an Amish problem. Plenty of pretty and nice places in the state, but you can't enjoy it if you have to keep looking over your shoulder at all times. I try to plan my trips so that I have no need of stopping in Maryland. The rest stops run by the state along 95 are about the limit of my risk tolerance. Forget buying food in them, as it is all indifferently prepared by sullen, urban Amish.

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