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Press Releases

10/17/2014 - It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 - Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 - District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 - California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 - Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 - The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 - Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 - The non-repeal of D.C., Gun-Control

7/2/2014 - US Supreme Court Still Silent On Second Amendment

6/28/2014 - Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 - The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 - NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 - NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

5/11/2014 - Supreme Court Rejects New Appeal For Concealed Carry Permits

5/5/2014 - Supreme Court Turns Down Latest Appeal For Concealed Carry Permits

5/3/2014 - California Concealed Carry Decision By 9th Circuit Might Be Vacated

4/28/2014 - Supreme Court Postpones Second Amendment Right To Bear Arms Decision For Another Week

4/24/2014 - Tim Donnelly Authors Bill to Ban Handgun Open Carry Permits

4/23/2014 - The 9th Circuit Drops a Shoe on the Peruta Concealed Carry Decision

4/21/2014 - US Supreme Court Delays Second Amendment Case For Another Week

3/10/2014 - US Supreme Court shows interest in Second Amendment Open Carry Case

3/9/2014 - The Gunfight at the 9th Circuit Court of Appeals

2/24/2014 - US Supreme Court Turns Down Another Concealed Carry Appeal

2/16/2014 - Attorney General Harris' Second Amendment Dilemma

2/13/2014 - 9th Circuit Court Ruling – No Right to Concealed Carry Permit but a Right to Carry in Public

2/8/2014 - House of Representatives Passes NRA Backed Gun-Control Bill

1/11/2014 - Federal Judge Issues Injunction Against Ban on Carrying Loaded Firearms In Public

12/25/2013 - California Attorney General Says Second Amendment Justifies Racist Law

12/9/2013 - Nearly All California Gun Laws on the Chopping Block

11/18/2013 - 9th Circuit Issues Important Gun-Rights Decision

11/12/2013 - 9th Circuit Stays NRA Concealed Carry Case

11/4/2013 - US Supreme Court Turns Down Another Second Amendment Appeal

11/1/2013 - Why Concealed Carry will be at Most a Hollow Victory in California

10/15/2013 - US Supreme Court turns down Concealed Carry Appeal

10/2/2013 - After Three Years the Supreme Court Decides to Hear a Second Amendment Case

9/28/2013 - Second Amendment Open Carry Opponents Meet in Houston to Lick their Wounds

9/18/2013 - National Rifle Association Attacks Open Carry Lawsuit

9/6/2013 - 9th Circuit Slow to Decide Second Amendment Cases

7/8/2013 - The Second Amendment Dodges a Bullet in California

6/25/2013 - Throwing the Second Amendment into the Jaws of Defeat

6/4/2013 - The Second Amendment Right to Bear Arms in California - Federal Courts will Soon Decide

4/15/2013 - The reason why the Supreme Court turned down the New York gun rights case

4/10/2013 - Preliminary Injunction Filed Against California's Bans on Openly Carried Firearms

3/5/2013 - Federal Judge gives California Lawsuit Seeking to Openly Carry Firearms the Green Light

2/22/2013 - 7th Circuit Upholds Right to Openly Carry Firearms in Public

2/21/2013 - Cities can Ban Guns Based on Race Say Two California Judges

1/24/2013 - Senator Feinstein takes aim at Tommy-Guns?

1/16/2013 - President Obama Fires Blanks at Second Amendment

1/10/2013 - Senator Feinstein Writes Multi-Million Dollar Cheque to NRA

12/24/2012 - Lessons Not Learned After Newtown

12/11/2012 - Illinois can Ban Concealed Carry but not Open Carry says Court

12/6/2012 - Good News and Bad News for the Second Amendment in California

12/1/2012 - 9th Circuit to Decide if there is a Right to Carry a Handgun Concealed in Public on Thursday

11/19/2012 - Are Knives an Alternative to Carrying a Handgun in Public?

10/09/2012 - 9th Circuit Court of Appeals to Decide on Carrying Handguns Concealed

9/21/2012 - What Happens if Gov. Brown does not Veto the Long Gun Open Carry Ban?

9/3/2012 - Federal Court says no Right to Carry Handgun Concealed

8/25/2012 - New York says Legal to Carry Long Guns in Public but not Handguns

8/20/2012 - Did the FBI Supply Guns to the Black Panther Party?

7/22/2012 - A Tale of Two Gunmen

6/11/2012 - High Noon for the Second Amendment

5/16/2012 - Shotgun Open Carry Protest in Redondo Beach California – May 21st

5/15/2012 - Oklahoma Governor Signs Open Carry Bill into Law

5/10/2012 - Oklahoma Legislature Repeals Open Carry Ban

4/24/2012 - 10th Circuit Poised to Dismiss Yet Another Concealed Carry Lawsuit

4/24/2012 - Federal Judge says Police Departments and Governors are Immune from Civil Rights Lawsuits

3/30/2012 - Three Federal Courts Strike Down Gun Bans

3/19/2012 - Reason.tv: Charles Nichols Challenges California's Ban on Openly Carried Handguns

3/16/2012 - Two Decisive Gun-Rights Hearings on Monday

3/12/2012 - Governor Brown asks Federal Judge to Dismiss Second Amendment Lawsuit

3/5/2012 - Federal Judge Affirms Right To Openly Carry A Handgun In Public

2/18/2012 - No Hearings on Motions to Dismiss Federal Open Carry Lawsuit

2/18/2012 - 'Speculative' That A Person Would Be Arrested For Openly Carrying A Loaded Firearm In Public Says Attorney General Harris

2/16/2012 - Governor Brown Served with Summons in Second Amendment Lawsuit

2/13/2012 - No Default Judgment Against Governor Brown in Open Carry Lawsuit

2/09/2012 - Will Prop 8 Ruling Overturn California's Handgun Open Carry Ban?

1/24/2012 - Democrats Now Seek to Ban Rifles and Shotguns in Public Places

1/21/2012 - Governor Brown Still Silent on Second Amendment Lawsuit

1/10/2012 - Governor Brown served with Federal Summons in Second Amendment Lawsuit

1/8/2012 - Should It Be A Crime for Persons Not Born In The US To Carry A Handgun?

12/31/2011 - Federal Lawsuit Filed against CA Handgun Ban

12/15/2012 - California Governor Brown and Attorney General Harris ducking Second Amendment lawsuit

12/02/2012 - Federal Lawsuit Filed Against California's Ban on Openly Carried Loaded Firearms in Public

10/31/2011 - California Law Banning Loaded Firearms in Public to Face Legal Challenge in Federal Court

10/26/2011 - FEDERAL INJUNCTION TO BE FILED AGAINST CALIFORNIA OPEN CARRY BAN

Please donate $10, $25, $50 or $100 to the legal fund to restore your right to openly carry a loaded firearm in California.

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NRA lawyer Chuck Michel predicts Peruta CCW decision will be overturned.

Update by Charles Nichols, President of California Right To Carry – July 26, 2014 – The District of Columbia ban on carrying firearms in public has been struck down as unconstitutional. Details here.


“Should the Open Carry movement become successful it will result in the greatest dissolution of government power since the collapse of the Soviet Union.” – Charles Nichols, President of California Right To Carry

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The lawsuit in brief: - In 1967, California made it a crime to carry a loaded firearm in all incorporated cities and in most unincorporated county territory. Effective January 1, 2012 it became illegal to openly carry an unloaded handgun. Effective January 1, 2013 it became illegal to openly carry all firearms, loaded or unloaded. My Federal lawsuit seeks to overturn both the Loaded and Unloaded Open Carry bans.

On November 30th, 2011 I filed my lawsuit to overturn California’s ban on carrying loaded firearms. My lawsuit was subsequently amended to challenge the two unloaded open carry bans which went into effect on January 1, 2012 and January 1, 2013.

On December 11, 2012 the 7th Circuit Court of Appeals overturned an Illinois state law which is identical to the 1967 California law my lawsuit seeks to overturn.

In November 2013 the 9th Circuit Court of Appeals established a framework for evaluating Second Amendment cases. The burden was on California Attorney General Harris to prove that firearms were not openly carried at the time of ratification of the Second Amendment (1791) and to prove that bans on Open Carry do not burden that right. She did neither.

On May 1, 2014 District Court Judge S. James Otero ruled in favor of California Attorney General Harris. Judge Otero concluded that there is no Second Amendment Right to carry a long gun or to openly carry a handgun anywhere in the state of California, not even on one’s own private residential property. Judge Otero also concluded that anyone with a firearm can be stopped without probable cause and subjected to a warrantless search and seizure anywhere in the state of California, even on one’s own private residential property because the judge thinks firearms fall outside the scope of 4th Amendment protections. My Notice of Appeal was filed on May 27, 2014.

Ultimately, my lawsuit will be won or lost before the appellate courts. My lawsuit is unique in that it has always maintained that the US Supreme Court meant exactly what it said about carrying firearms in public. The so called gun-rights groups have either told the courts that the Supreme Court really didn’t mean what it said or they have failed to challenge the constitutionality of any California law banning the carrying of loaded firearms in public.

In every case but one where the so called gun-rights groups and convicted criminals have argued the opposite of what the Supreme Court said, they have lost. Ironically, their losses have only served to strengthen my lawsuit. Every time a Federal judge issues a decision saying that the Supreme Court meant what it said, my case moves that much closer to victory.

Please make a donation today,

Charles Nichols
President – California Right To Carry
Contact Me

 For the current status of my California Open Carry lawsuit click here.

There is only one lawsuit seeking to restore Loaded Open Carry to California – Nichols v. Brown.

Please donate to the legal fund today.
 

It’s now or never to join in the fight for Open Carry in California.

“In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court construed the Second Amendment as protecting the “natural right of self-defence” and therefore struck down a ban on carrying pistols openly.

Likewise, in State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”” – US Supreme Court – District of Columbia v. Heller, 554 U.S. 570 (2008)

My Federal Case number is 2:11-cv-09916

Reason TV Interview with Charles Nichols – President of California Right To Carry

 

Click
here to read a copy of the
lawsuit


 

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