Handgun and Ammo (Source: Unsplash)

Federal Judge Grants Preliminary Injunction In Challenge To California’s Non-Resident Concealed Carry Ban

Handgun and Ammo (Source: Unsplash)
Handgun and Ammo (Source: Unsplash)

A federal judge has issued a preliminary injunction in favor of the Second Amendment Foundation (SAF) and its partners, challenging California’s prohibition on non-resident concealed carry permits. U.S. District Court Judge Sherilyn Peace Garnett, appointed by President Joe Biden in 2022, partially granted the motion for preliminary injunction, setting the stage for further legal proceedings.

Judge Garnett’s decision requires the state to respond within 21 days and directs both parties to confer and submit a proposed order for the injunction that aligns with her findings.

Read: Second Amendment Foundation Seeks Supreme Court Review Of Maryland Rifle Ban

The lawsuit involves multiple plaintiffs including the California Rifle & Pistol Association, Gun Owners of America, and several private citizens, with the main defendants being the LA County Sheriff’s Office, Attorney General Rob Bonta, and the La Verne Police Department.

In her ruling, Judge Garnett stated that California had not met the burden of proof to show that its residency requirement for concealed carry weapon (CCW) licenses aligns with the historical tradition of firearm regulation in the United States.

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Alan M. Gottlieb, SAF founder and Executive Vice President, emphasized the broader implications of the ruling, stating, “Americans do not leave their Second Amendment rights at the California border.” He referenced the 2010 McDonald Supreme Court ruling, which incorporated the Second Amendment to the states, suggesting that California is out of step with national legal standards on gun rights.

Adam Kraut, SAF Executive Director, expressed confidence in the strength of their legal position, highlighting the judge’s acknowledgment of their likely success in challenging the constitutionality of California’s residency restrictions on CCW licenses. The case continues to develop as both sides prepare for further legal arguments.

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