California Open Carry

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Nothing can be done

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Concealed Carry, Assault Rifle and Magazine Bans

As of May 12, 2022, the following video is the State of California's position on carrying loaded firearms in public. The State of California is legally bound by its argument that the Second Amendment right to carry firearms extends beyond the curtilage of our homes into public places, but the right is to openly carry loaded firearms, there is no right to concealed carry that is protected by the Second or Fourteenth Amendments.

The State of California won the case Peruta v. San Diego before an eleven-judge en banc panel. By winning the lawsuit, California is prohibited from taking an inconsistent position in future lawsuits.

That is one of the reasons why the decision in my California Open Carry lawsuit is still pending.

The State of California argues in this excerpt of the en banc oral argument in Peruta v. San Diego on June 16-2015, that the right to openly carry loaded firearms, including a loaded handgun, extends beyond the curtilage of our homes into public places, as per the SCOTUS opinion in District of Columbia v. Heller.

In my California Open Carry lawsuit, the state's attorney argued that the Heller opinion was wrong and that my three-judge panel must conduct its own historical analysis and then come to the conclusion that there is no right to openly carry a firearm, loaded or unloaded, anywhere outside the doors to our home.

Most judges are reluctant to straight out say that the US Supreme Court's Heller opinion is wrong. Instead, they find other ways to uphold laws that violate the Second Amendment. But it has happened before, and it will happen again.

My lawsuit was filed in the district court on November 30, 2011. That makes my California Open Carry lawsuit the longest right to bear arms lawsuit still standing.

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Justice Alito's Abortion Opinion Means No Concealed Carry For You!

JUSTICE ALITO: Well, Heller -- and -- and I will stop after this -- Heller cited decisions going into the 19th Century as confirmation of what it had already concluded based on text and history at or before the time of the adoption of the Second Amendment and said this is what it was understood to mean at the time and it's further evidence that this is what this right was understood to mean because it kept being reaffirmed by decisions that came after. But I find it hard to understand how later decisions and statutes, particularly when you start to get into the late 19th Century and the early 20th Century, can be used as a substitute for evidence about what the right was understood to mean in 1791 or 1868 if you think that's the relevant date.

Justice Alito - Heller already decided what the Second Amendment means

CHIEF JUSTICE ROBERTS: Justice Kagan, anything further?

JUSTICE KAGAN: Mr. Clement, you -- you said, I think, in passing that it would be fine if New York banned open carry so long as it allowed concealed carry. Is that correct?

MR. CLEMENT: Certainly, that's consistent with the relief we're looking for. We're looking for some outlet to exercise our constitutional right to carry firearms outside the home.

JUSTICE KAGAN: How is it consistent with the history? I mean, the history seems very clear to me that it's sort of like the exact opposite of how we think about it now, in other words, that there are lots of places that wanted people to display their arms as a matter of transparency, and what they prohibited was the concealed carry.

Justice Kagan - concealed carry versus open carry

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SCOTUS Second Amendment Update 3-26-2022

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Day 5 - Justice Thomas in Hospital

Looking ahead to the March 18th SCOTUS conference.

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The 9th Circuit Court of Appeals very rarely allows someone who is not an attorney to argue his case. For that matter, 62 percent of appeals filed in the 9th circuit aren't allowed to even file an opening brief in their appeal, those appeals are simply denied. Four years later, we are still waiting for the three-judge panel assigned to my appeal to issue its final judgment.

My lawsuit was filed in the district court on November 30, 2011. That makes my California Open Carry lawsuit the longest right to bear arms lawsuit still standing.

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SCOTUS Week In Review 3-5-2022

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Two Second Amendment Cert Petitions Docketed

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SCOTUS Second Amendment Roundup 2-23-2022

The California Bill is SB-1327 Firearms: private rights of action. (2021-2022)
12/10/21 21-463 Whole Woman’s Health v. Jackson

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The Idiots Rob Bonta and Gavin Newsom

Four years ago today, on February 15, 2018, I argued my California Open Carry lawsuit before a three-judge panel of the 9th circuit court of appeals. My appeal is on hold pending the disposition of the cert petition to the US Supreme Court in the related case of Young v. Hawaii.

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This is the Fourth Amendment segment from my Open Carry Oral Argument before the 9th Circuit Court of Appeals that took place four years ago on February 15, 2018. My appeal is on hold pending the disposition of the cert petition to the US Supreme Court in the related case of Young v. Hawaii.

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This is the Second Amendment segment from my Open Carry Oral Argument before the 9th Circuit Court of Appeals that took place four years ago on February 15, 2018. My appeal is on hold pending the disposition of the cert petition to the US Supreme Court in the related case of Young v. Hawaii.

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NYSRPA v. Bruen and Young v. Hawaii - A reminder

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Website Update 1-30-2022

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SCOTUS Second Amendment Countdown

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California Open Carry Lawsuit is now in its Eleventh Year

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What is Dicta?

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What Happens if States are Allowed to Choose Between Open and Concealed Carry

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The NRA told the Supreme Court to Cancel the Second Amendment

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One of the defects I pointed out regarding the Young v. Hawaii Complaint

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My California Open Carry lawsuit was originally filed under the name Charles Nichols v. Edmund G. Brown Jr., et al, but it has been in Federal court for so long, both Governor Brown and Attorney General Harris have left office and been replaced as defendants. The lawsuit is now stylized as Charles Nichols v. Gavin Newsom et al.

November 30, 2020, marked the beginning of the tenth year of my California Open Carry lawsuit, Charles Nichols v. Gavin Newsom et al.