NRA lawyer Chuck Michel predicts Peruta CCW decision will be overturned.
“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
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.
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President – California Right To Carry
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.
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