
California –-(Ammoland.com)- Governor Brown has filed a motion to dismiss a federal lawsuit that seeks to overturn California’s ban on openly carrying loaded firearms in public.
If the lawsuit is successful, the recently enacted ban on openly carrying a handgun in public would be rendered unenforceable.
The Federal lawsuit was filed by Charles Nichols the President of California Right To Carry on November 30, 2011. Governor Brown was delivered a copy of the lawsuit on December 5, 2011, and was asked to voluntarily respond to the lawsuit without having to be issued a summons.
Governor Brown refused. He was formally served with a Federal summons last month.
Governor Brown’s motion to dismiss claims that Federal Courts do not have jurisdiction to hear lawsuits seeking to overturn California gun control laws and therefore the case should be dismissed.
In 2008, the United States Supreme Court issued a landmark decision affirming that the Second Amendment guarantees the right of individuals to carry firearms, particularly handguns for the purpose of self-defense. In 2010, the Court issued a subsequent decision applying the Second Amendment to all states and local governments.
The US Supreme Court said that when weapons are carried in public, they must be carried openly. The High Court said that nothing in their decision should be construed as affecting long-standing prohibitions on carrying concealed weapons in public.
In 1967, California made it a crime to openly carry a loaded firearm in public. Firearms could be openly carried but they had to remain unloaded until one reasonably believed he was in danger. In 1981, the California Legislature changed the self-defense exception requiring firearms to remain unloaded until one was in “grave, immediate danger.” A point at which it is very likely too late to load a firearm to defend oneself.
In 2012, it became a crime to openly carry a handgun, loaded or unloaded, throughout most of California.
“Although it is almost impossible to sue a governor, my lawsuit establishes the necessary legal elements to include Governor Brown as a defendant. The chances of the judge granting the motion to dismiss are somewhere between zero and none.” said Charles Nichols, President of California Right To Carry
About California Right To Carry:
Write to PO Box 1302, Redondo Beach, CA, 90278 or visit CaliforniaRightToCarry.org
If Mr. Nichols wins, you better park in the garage or buy a car cover, because those flying pigs are going to make a big mess.
So if Mr. Nichols wins, does that mean that Californians will be able to carry "unloaded" weapons openly? Woopie!! They get to carry unloaded weapons and have them stolen by criminals that carry "loaded" weapons. I can hardly wait until the "big one" hits and California breaks off and floats away into the Pacific Ocean. We need California like we need unloaded weapons.
We left the Demokratik Peoples' Republik of Kalifornia in 1992. What a relief it was to leave a Communist country for Free America !! Ah well, the DPRK will soon become El Republico de Nuevo Aztlan and America will cease to be afflicted with the likes of Pelosi, Boxer, and Fineswine.
The Supreme Court did not say it had to be openly carried. It only said that there was a right to keep and bear arms. The problem is California has "May Issue" which courts have ruled as acceptable because open carry was allowed. No that open carry is no longer allowed there is a de facto ban on carrying as concealed permits are nearly impossible to get. This lawsuit had to be filed as a precurser to getting "Shall Issue" laws on the books. Maryland was recently slapped for their "May Issue" rules. Let's hope the same thing happens in… Read more »
I believe we the people should sue all the lawmakers for the injuries and deaths their draconian gun laws have caused. We have a GOD given right of self-defense. If the police could protect us there would be no victims. What part of "shall not be infringed", do they not understand? Does anyone see class action law suit?
Kudos from Texas, Charles.