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Press Releases

7/15/2016 - God Save The US From The Second Amendment Lawyers

7/8/2016 - NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 - Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 - NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 - Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 - Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 - What’s Next for the Right to Carry Firearms in Public?

6/8/2016 - Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 - Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 - The Second Amendment and the Concealed Carry Problem

5/11/2016 - Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 - California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 - Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 - Has the NRA Come to Bury the Second Amendment or to Defend It? -

4/6/2016 - Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 - Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 - Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 - How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 - The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 - The Second Amendment - Checkmate in Four Moves?

2/10/2016 - Why California's Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 - Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 - The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 - Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 - Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 - HELP WANTED: Competent Second Amendment Lawyer - Inquire Within

11/9/2015 - The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 - Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 - National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 - The Future of the Second Amendment in California and Hawaii

8/25/2015 - Yes, America, the Second Amendment is a Universal Right!

8/14/2015 - Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 - The Future of Open Carry in California Looks Bright

6/16/2015 - State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 - The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 - Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 - NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 - Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 - Why the Second Amendment Keeps Losing in Court

5/2/2015 - Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 - The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 - Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 - An Open Letter to the Orange County Register's Editorial on Concealed Carry

4/03/2015 - Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 - Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 - The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 - Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 - California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 - California Concealed Carry Permits - The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

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

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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On June 9, 2016, an en banc panel of the 9th Circuit Court of Appeals held that there is no right to carry a weapon concealed in public.

That decision leaves my lawsuit challenging California’s Open Carry bans as the last carry case standing here in the 9th Circuit as I am the only one who has squarely raised an Open Carry challenge against a state law.

It has been 2952 days since District of Columbia v. Heller was published!

It has been 2220 days since McDonald v. City of Chicago was published!

It has been 1888 days since I announced my decision to file a California Open Carry lawsuit!

It has been 1700 days since my California Open Carry lawsuit was filed!

It has been 791 days since the appeal of my California Open Carry lawsuit was filed!

Before the en banc decision in Peruta v. San Diego was published I had written the following:

“The California Solicitor General Conceded that the Second Amendment “Core Right” Extends Beyond the Home in the En Banc Oral Arguments.

This is a huge victory for the Second Amendment in California.  Whether this concession has any effect on concealed carry remains to be seen as ALL of the parties say that there is no right to carry a weapon concealed in public and if there is no right to concealed carry then it does not matter what restrictions are placed on Open Carry.  If there is no concealed carry right then there is no concealed carry right.  End of story.”

And that is exactly what the en banc panel of judges said in the Peruta v. San Diego / Richards v. Prieto concealed carry cases.  The court held that there is no concealed carry right and the solution to California’s Open Carry bans is to challenge the Open Carry bans instead of challenging restrictions on concealed carry because concealed carry is not a right.

The Peruta v. San Diego en banc panel consisted of THOMAS , Chief Judge; and PREGERSON, SILVERMAN, GRABER, McKEOWN, W. FLETCHER, PAEZ, CALLAHAN, BEA, N.R. SMITH and OWENS

 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.

NRA Suckers

 

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

DONATE BITCOINS -> 1AdtAJfcdBkA777fwtVhmCwSwCKGTFrgGz
 
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.  This means that if I lose on appeal then the 9th Circuit Court of Appeals will have created a “circuit split” and if we learned anything from the dissent in Jackson v. San Francisco it is that the US Supreme Court is not going to hear another Second Amendment case unless it is to resolve a circuit split.  None of the concealed carry losses created a circuit split which is why SCOTUS denied their cert petitions.

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.  If my appeal were an appeal of any other fundamental right that did not involve the Second Amendment then under the law in this Federal circuit, I win.  When a fundamental right is involved the burden of proof is on the government.

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. For the current status of my appeal, click here.

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 about Open Carry being the right guaranteed by the Second Amendment of the US Constitution and that concealed carry is not a right and can therefore be banned 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 make a non-deductible donation 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


 

Click
here to read a copy of Attorney General Harris’s
Answer to my lawsuit


 

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