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This also casts yet more doubt on California's ability to discriminate against out-of-staters on CCW.
Right now Cali residents can (often only theoretically...) score CCW. Out-of-staters can't. And open carry (loaded) is completely banned while open-carry (unloaded) nets you major harassment at minimum and false charges of either loaded-carry or "disturbing the peace".
This matters because in Heller, footnote #9 cites to seven prior cases that all say the same thing: limitations on or even bans of concealed carry don't violate the 2nd (or state-level equivalents) so long as open carry is legal. And Heller specifically said that unloaded guns don't cut the mustard as support of the right to self defense in the home; there's no reason to suppose street (or woods for that matter) carry is any different.
Put another way, carry of SOME sort has to be legal. In Cali right now the right to carry is completely stomped on for out-of-state visitors even if they have home-state CCW and is almost completely stomped on for residents.
While the difference seems slight, it does matter: states are absolutely hard barred from discriminating against visiting residents of other states. That was true before today but the arguments is now "supercharged" and I'll be re-writing my pre-canned motion on the subject as soon as I can.
The other big target is Hawaii, where open-carry (loaded or otherwise) is totally banned and concealed permits exist in theory but zero are issued.
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Jim March
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