California Right to Carry is fighting for our rights, here’s their story.
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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Charles Nichols
President – California Right To Carry
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