Bruen impact on CA Non-Resident CCW?

[Fizz]

Currently possess CA CCW. In 2-3 months I will no longer be a CA resident.

Does Bruen essentially now mandate Shall-Issue for non-resident permits?

I found FPC comment that this will require 'further litigation' (https://www.firearmspolicy.org/bruen-faq), but I'm not sure if this has been tested at all yet.

Is it worthwhile for me to apply for a non-resident CCW once I move (or attempt to convert current resident) just to be denied to get that ball rolling?

[mk2dave]

To my knowledge, CA doesn't have a non resident CCW.

Maybe I've been misinformed?

[9Cal_OC]

To my knowledge, CA doesn't have a non resident CCW.

Maybe I've been misinformed?

[DolphinFan]

[RickD427]

Bad conclusion here.

The Diaz demurrer was a brilliant piece of work by his defense attorney, but it only applies to Mr. Diaz. There's no legal precedent established by it. The next attorney that tries it may get shot down by their trial judge.

Demurrer did not claim that there was an unrestricted right of carry. It only argued that California's CCW statute did not meet constitutional requirements as interpreted by NYSPRA.

[Milsurp1]

[L84CABO]

Does Bruen essentially now mandate Shall-Issue for non-resident permits?



Is it worthwhile for me to apply for a non-resident CCW once I move (or attempt to convert current resident) just to be denied to get that ball rolling?

Your rights aren't supposed to end at the state line. My interpretation of Bruen is that California must issue permits to non residents. But I'm not a lawyer...I'm just some guy on the internet. But I don't see California just willingly do this. It will take a lawsuit...or two. But maybe you can be the plaintiff.

I would certainly talk to your IA shortly before you leave and see if they're willing to let you keep your permit. The worst they'll say is no. Then you can contact the various 2a groups and see what their thoughts are on this...and you can volunteer to be a plaintiff.

[Fizz]

Your rights aren't supposed to end at the state line. My interpretation of Bruen is that California must issue permits to non residents. But I'm not a lawyer...I'm just some guy on the internet. But I don't see California just willingly do this. It will take a lawsuit...or two. But maybe you can be the plaintiff.

I would certainly talk to your IA shortly before you leave and see if they're willing to let you keep your permit. The worst they'll say is no. Then you can contact the various 2a groups and see what their thoughts are on this...and you can volunteer to be a plaintiff.

Right, but they might need to be explicitly compelled to do it. It won't be willing.

I guess the question is, do IAs have statutory authority to issue non-resident CCWs, and if so, does it matter which you apply with?

[L84CABO]

Right, but they might need to be explicitly compelled to do it. It won't be willing.

I guess the question is, do IAs have statutory authority to issue non-resident CCWs, and if so, does it matter which you apply with?

Yea, I don't know if this is a state mandated thing (ie CA will NOT issue non resident permits). Perhaps someone else here knows.

If it turns out it is not state mandated and up to the individual IA's...and yours refuses...then I would start shopping. There are many counties in CA that are actually run by pro 2a sheriffs. Fresno, for example is pretty pro 2a/CCW permit. And there are many up in Nor Cal...not that these might be convenient.

[Quiet]

Under CA laws...

An issuing agency can issue a CCW permit to a non-resident for business/employment related reasons. This "non-resident permit" is only valid for 90 days and only valid in the County it is issued in. [PC 26220(b)]

In the past (mid/late-90s), this "non-resident permit" has been issued to non-residents of CA.
^During this time frame, I met two individuals that had them and they were issued to them by LASD. They were part of a non-resident "VIP" security detail and they were in CA for about 3 weeks to film a movie.

Due to SCOTUS ruling in NYSRPA v Bruen and the resulting CA OAG legal notice OAG-2022-02, a non-resident can now apply for a CA non-resident CCW permit without needing a valid business/employment good cause.

However, the non-resident permit would still only be valid for 90 days and only valid in the County it is issued in.
In addition, renewal of the CA "non-resident permit", will require the licensing authority in the non-resident's State to approve the renewal application for CA.



Penal Code 26220
(b) If the licensee’s place of employment or business was the basis for issuance of a license pursuant to Section 26150, the license is valid for any period of time not to exceed 90 days from the date of the license. The license shall be valid only in the county in which the license was originally issued. The licensee shall give a copy of this license to the licensing authority of the city, county, or city and county in which the licensee resides. The licensing authority that originally issued the license shall inform the licensee verbally and in writing in at least 16-point type of this obligation to give a copy of the license to the licensing authority of the city, county, or city and county of residence. Any application to renew or extend the validity of, or reissue, the license may be granted only upon the concurrence of the licensing authority that originally issued the license and the licensing authority of the city, county, or city and county in which the licensee resides.