A recent court victory has just busted the door open for out of state residents to snag a California CCW – all thanks to a lawsuit filed jointly by GOC and CRPA against the LA Sheriff’s Department’s regarding the issuance of concealed carry permits.
This is GREAT news, but how is this going to work? GOC has the answers (with a thankful nod to attorney Kostos Moros of Michel and Associates).
WHAT IS THE ACTUAL LAWSUIT?
The lawsuit challenges the constitutionality of carry permit issuance policies and laws that make it extremely difficult, if not outright impossible to obtain permits to carry a concealed firearm in public and therefore to exercise their right to be armed in public, as guaranteed by the Second Amendment’s text “bear arms,” and as recognized by the Supreme Court.
The lawsuit specifically addresses excessive costs time delays and the refusal to honor permits issued by other states of CCW applicants. The preliminary injunction specifically addresses the out of state resident portion of the lawsuit.
WHO CAN APPLY?
There’s a CATCH – and it’s a good one! The order applies ONLY to members of the Plaintiff organizations. That means, this ONLY applies to individuals who are members of Gun Owners of California, Gun Owners of America, CRPA and the Second Amendment Foundation. That’s it!
TAKE ADVANTAGE OF THIS NEW PROCESS BY BECOMING A MEMBER OF GUN OWNERS OF CALIFORNIA – SIGN UP NOW!
WHY ARE THERE RESTRICTIONS?
Put simply, judges have no interest in issuing broad based injunctions; this is precisely why they have opened this up exclusively for members of the organizations that filed the lawsuit. They want to limit the relief to the parties in the litigation.
WHAT’S THE PROCESS?
First and foremost, JOIN GOC! The judge imposed a 90-day window for the California Department of Justice and local law enforcement agencies to make decisions on how each jurisdiction handles this new process. The ruling gave the DOJ flexibility as to whether they wanted to prepare an application for out of state individuals or whether to defer to the locals. The 90 days ends on April 22, 2025.
After April 22, 2025, out of state residents can submit applications.
IF SOMEONE WANTS TO BECOME A MEMBER OF ONE OF THE ORGANIZATIONS WHO IS A PLAINTIFF ON THIS LAWSUIT, WHAT IS THE PROCESS WHEREBY SOMEONE FROM OUT OF STATE CAN APPLY FOR A CCW IN CA?
Once the process is open after April 22:
- The applicant MUST have a good faith intention of visiting that jurisdiction.
- Applications will be available online in the individual jurisdiction where the application is made.
- Applications (as per California law) must include what specific firearms are associated with the permit. They will be included on the permit itself; some counties limit the number of guns to three.
- Qualifications for a CCW must be limited to those specific firearms.
- All other California laws regarding firearms must be followed (no 20 round magazines, no threaded barrels, etc.)
- The required interview with the agency does not need to be in-person; this was one of the more significant victories of this ruling. The interview can be conducted electronically.
- Training courses approved by the local jurisdiction will be offered online; if the Sheriff does not offer one, any courses endorsed by any other Sheriff in the state will be accepted.
- Live-Fire requirement: ruling requires applicant inform the Sheriff of a trainer in your area from whom you are seeking qualification. If the Sheriff rejects your choice, the ruling requires the Sheriff to provide another option within 75 miles of your residence (this also applies to the psychological exam when required by certain jurisdictions, but it is our recommendation that this be avoided as it is not a requirement).
- Live Scan does not transfer over state lines, so if you aren’t willing to travel to California, a fingerprint card can be secured though the FBI and mailed to the Sheriff where the application is being made.
- How to prove membership in GOC or another organization remains to be specifically addressed. This likely will be at the discretion of the issuing agency.
WILL THERE BE GLITCHES IN THE PROCESS?
Of course there will – this is California, after all!
GOC agrees that this process requires a lot of “hoop jumping” – but as it stands now, those who live out of state and travel to California are prohibited from carrying a concealed weapon – and this is WRONG. We are, however, proud that there is now an option to carry in the Golden State where there was not one previously.
GOC is proud to have members from a wide variety of states – who support our unequivocal defense of the Second Amendment and our “no compromise” mission. We are hopeful that even more will join us.
IS THIS THE FINAL WORD ON THE LAWSUIT?
No – we are hoping for a final judgement that will open the process to ALL out of state residents – whether they are members of GOC or one of our 2A partner organizations.
In closing, the entire issue will be moot if national reciprocity is passed in Congress. 2 bills been introduced concurrently that would grant national reciprocity to concealed carry permit holders who cross state lines that are residents of Constitutional Carry states as well as those who live in non-Constitutional Carry states.
President Trump has promised to sign national reciprocity; only one of the bills needs to pass for it to be enacted.
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