In Matthews v. City of Los Angeles, Garry Matthews, a Tennessee resident who could carry in his home state, was arrested in Los Angeles in 2019 for carrying a firearm without a California permit. He and the other plaintiffs sued the city, and the district court dismissed their claims. The Minnesota Gun Owners Caucus has joined other gun rights organizations in an amicus brief urging the Ninth Circuit Court of Appeals to reverse.
No historical tradition supports requiring peaceable visitors, already permitted to carry in their home states, to get a California license before exercising their Second Amendment rights while visiting or passing through. Historically, laws exempted travelers from such local restrictions.
Our brief makes three arguments:
- It would have been impossible for Mr. Matthews to get a California carry permit. California issues permits only to its own residents and to people who work in the state, and before 2022 the Los Angeles Police Department had issued permits to only four people in the entire city.
- No historical tradition supports requiring nonresidents to get a license before carrying a firearm for self-defense. The district court never did the historical analysis Bruen requires.
- Americans who legally carry are extraordinarily law-abiding. Data from Texas, Florida, Wisconsin, and Minnesota show that permit holders are rarely convicted of crimes.
We are joined in this Amicus Curiae Brief by:
- The California Rifle & Pistol Association
- The Second Amendment Law Center
- The Second Amendment Foundation
Outcome
On August 11, 2025, the Ninth Circuit reversed in part and revived the case, holding that Los Angeles’s no-issue carry policy was unconstitutional under Bruen, that the plaintiffs have standing because they were arrested, and that they did not have to apply for a permit before challenging the policy. The court issued an amended decision on September 3, 2025, and sent the case back to the district court.
The decision is unpublished, so it does not set binding precedent in the Ninth Circuit.
Last updated: September 3, 2025
Case Details
Case Title
Garry Matthews, et al. v. City of Los Angeles, et al., on appeal from the United States District Court for the Central District of California (Case No. 2:22-cv-02944-FLA-PD, Hon. Fernando L. Aenlle-Rocha).
Ninth Circuit Case #
23-3874
Our Brief
On our website, you can read our Amicus Brief filed in the United States Court of Appeals for the Ninth Circuit on October 16, 2024.
Counsel of Record
In this case, we are represented by C.D. Michel, Anna M. Barvir, and Konstadinos T. Moros of Michel & Associates, P.C.
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