California’s Carry Restrictions Crumble—Judge Sides with Gun Rights

U.S.A. –-(AmmoLand.com)- On July 1, 2025, United States District Court Judge Cathy Ann Bencivengo granted summary judgment to Firearms Policy Coalition members to obtain California Concealed Carry Permits. Judge Bencivengo ordered the Plaintiffs and Defendant to submit proposed orders within 30 days. From the order: 

For the above reasons, the Court grants Plaintiffs’ motion for summary judgment as to their facial challenge pursuant to the Second/Fourteenth Amendment and denies the request for relief pursuant to the Privileges and Immunities Clause. The parties are ORDERED to meet and confer and submit a proposed order for an injunction consistent with this order within 30 days. 

It is SO ORDERED.

The California Attorney General submitted a proposal requiring applicants to attest, under oath, that they intend to spend time in a California jurisdiction within the next 12 months. The proposal includes four pages of explicit instructions about how non-residents can apply and what laws they must observe.

The plaintiffs submitted an order that says California licensing authorities are permanently enjoined from enforcing Penal Code sections 26150(a)(3) and 26155(a)(3). Judge Bencivengo chose the Firearms Policy Coalition’s order. Here it is:

Defendant Attorney General Rob Bonta; Defendant’s officers, agents, servants, employees, and attorneys; and any other persons who are in active concert or participation with Defendant, are hereby permanently enjoined from enforcing California Penal Code sections 26150(a)(3) and 26155(a)(3) as to CCW applications submitted by Plaintiff Firearms Policy Coalition’s members who are not residents of California, including the named Individual Plaintiffs.

The order took effect on August 21, 2025.

California vests the issuing of concealed carry permits with sheriffs and police chiefs. The issuance of permits varies enormously between jurisdictions. Thirty years ago, sheriffs and police chiefs could issue permits to anyone they chose. This became a way for people who desired a permit to escape the horribly restrictive policies of sheriffs or police chiefs in large cities. Some counties were issuing thousands of permits to people who did not reside in their jurisdiction.  The California legislature passed a statute forbidding the issuance of permits to people who did not live in the jurisdiction of the issuing authority.

The permanent injunction applies only to non-residents of California who are members of the Firearms Policy Coalition. This effectively makes it easier for non-residents of California to obtain California concealed carry permits than for residents of some restrictive areas in California. For example, only 100 to 200 permits were expected to be issued for San Francisco in 2024.

The order does not limit what jurisdiction an applicant may apply in. Placer County California already lists a process for obtaining a non-resident concealed carry permit. It is not clear how non-resident applicants may qualify with their personal handguns.

In the next few months, many applications will be submitted for non-resident concealed carry permits in California. The process may vary significantly by county.

Those counties that cater to non-residents are likely to reap the rewards of their efforts. California concealed carry permits are currently valid for two years. The Crime Prevention Research Center estimates the cost of obtaining a California permit was over $1000 for the initial permit, and over $600 for renewal, in 2023.  Some jurisdictions, such as Placer County, appear to charge a couple of hundred dollars less.

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About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.