Latest Update by Charles Nichols, President of California Right To Carry – June 3, 2013 - My motion for a Preliminary Injunction against California’s Open Carry bans (both loaded and unloaded) is fully briefed and in the hands of the Federal District Court judge assigned to my case. I expect that we will have a decision this month.
Update May 28, 2013 – Today, the California Attorney General refiled her opposition to my motion for a preliminary injunction against California’s Open Carry bans. I have until June 3rd to file my response to her opposition. After that, we await the decision from the Federal judge.
For the current status of my Federal lawsuit to restore Loaded Open Carry to California, Click Here!
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The lawsuit: - In 1967, California made it a crime to carry a loaded firearm in all incorporated cities and in most unincorporated county territory. In 2010, the City of Redondo Beach California passed a local ordinance which the City Attorney & Prosecutor’s office has interpreted to ban the mere possession of all weapons, even pocket knives, in public. Both laws are perfect test cases for the 9th Circuit Court of Appeals to say whether or not the US Supreme Court meant what it said in its 2008 & 2010 decisions on the Second Amendment. A victory against either law in the court of appeals would be valid statewide.
Which is why I filed a Federal lawsuit seeking to overturn both in November of 2011. It has been a long hard fight. Neither the magistrate judge nor the district court judge assigned to my case are fans of the Second Amendment. Despite the legal obstacles they threw at me (I am not an attorney) and despite the opposition from seven lawyers, the magistrate judge filed a report with the district court judge recommending that the motions to dismiss by the Attorney General (Kamala Harris) and the City of Redondo Beach be denied and that my lawsuit be allowed to proceed.
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.
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 where they 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
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