The political patchwork quilt of gun laws between states that respect Second Amendment rights and those seeking to abolish them is getting out of hand. California, for example, does not permit out-of-state residents to legally carry a firearm, no matter what their home state allows.

But the Second Amendment Foundation (SAF) and its partners teamed up to challenge this injustice in court, and last week, they scored a significant victory.

The SAF partnered with the California Rifle and Pistol Association, Gun Owners of America, Gun Owners Foundation, Gun Owners of California and seven private plaintiffs.

The judge relied heavily on the Supreme Court’s Bruen decision to award the preliminary injunction. 

In California Rifle and Pistol Association v. Los Angeles County Sheriff’s Department, U.S. District Court Judge Sherilyn Peace Garnett granted in part and denied in part the request for an injunction.

California officials were given 21 days to respond. The plaintiffs also have 30 days to meet with the LA County Sheriff’s Department and state leaders and submit a proposal for an order concerning the preliminary injunction.

The two-pronged case deals not only with nonresident carry but also with the egregious waiting periods suffered by applicants for carry permits. Two of the plaintiffs have been put off for over 18 months, a ridiculously lengthy time for officials to grant or deny their applications.

As is often the case, the Bruen decision’s requirement that gun control laws be consistent with the nation’s historical tradition of firearm regulation raised controversial arguments.

Judge Garnett noted that the only defense the LA County Sheriff’s Department could muster for the elongated waiting period was laws from the Founding Era that discriminated due to race.

She explained, “First, Plaintiffs are correct that the only laws from the Founding Era to which the LA Defendants cite are those that outlaw carrying based on race, and the LA Defendants do not explain how racial regulations bear on a waiting period. The LA Defendants otherwise cite to regulations allowing municipal authorities to issue CCW licenses, most of which arose for the first time around the 1870s, among other various other twentieth-century regulations that set forth licensing regimes for CCW licenses.”

Garnett concluded, “This is insufficient to carry the LA Defendants’ burden.”

SAF founder and executive vice president Alan M. Gottlieb correctly declared that law-abiding citizens do not leave their Second Amendment rights behind when they enter the Golden State.

“California is behind the curve in recognizing that the Second Amendment was incorporated to the states via the 14th Amendment since SAF’s Supreme Court victory in the 2010 McDonald ruling,” Gottlieb explained.

SAF executive director Adam Kraut also celebrated Garnett’s decision, believing it is a sign that the case is moving in the right direction.

“The writing is clearly on the wall when Judge Garnett noted the Court already found that we are likely to succeed on the merits of our argument that California’s residency requirement for CCW applications is unconstitutional.” Kraut added, “We are confident our challenge will continue to prevail.”

Far too many states, with California as their ringleader, heavily pursue the complete eradication of the Second Amendment. Leaders are bent on creating such high barriers that, until the ultimate dream of repealing the right to keep and bear arms is realized, that freedom is out of reach for most citizens.

It is thanks to the SAF and similar gun rights organizations that these states are not able to run completely roughshod over the people’s rights. In California and elsewhere, freedom-loving Americans must applaud and support their valiant efforts. 

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