A lawsuit filed last week charged that California’s ban on non-residents carrying firearms violates the Constitution. The filing came on behalf of residents of Idaho, New Mexico and Pennsylvania who were issued concealed carry permits in their home states but are denied the same right in California.
This is just the latest volley in the battle against states attempting to strip fundamental rights away from law-abiding citizens.
Attorneys for the Golden State will offer arguments such as non-residents are not allowed to vote. They will further claim that other states do not set the bar as high as California for training and fee requirements, and therefore the non-residents do not meet its stipulations for concealed carry.
But the litigation lays out in clear terms the unconstitutional nature of the California statute.
“Individuals like Plaintiffs do not lose protection of their rights under the First Amendment’s speech or religion clauses when they cross state lines. Nor do they lose their protections under the Fourth Amendment’s prohibition on unreasonable searches and seizures. They likewise do not surrender their Second Amendment protected rights when they travel outside their home state.”
The Supreme Court’s Bruen decision established the requirement for gun control laws to align with the nation’s history and tradition of firearm regulations.
With this in mind, there are clear examples dating back to before the founding of the Republic of laws established to protect the rights of travelers from burdensome gun regulations.
Unfortunately for the plaintiffs, the Court of Appeals for the Ninth Circuit is known to be unfriendly to the Second Amendment. This may indicate the case may need to climb the judicial ladder — to the Supreme Court if necessary.
California is determined to stamp out gun rights with complete disregard for the Constitution. Legal challenges like this are the only way to defend the rights of its citizens to carry and defend themselves.
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