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Loaded Open Carry gets an unexpected and unwitting ally(CA)
LA Anti-Establishment Examiner ^ | 6 March, 2011 | Charles Nichols

Posted on 03/08/2011 4:31:27 AM PST by marktwain

"Thus, even if this Court were to find that an absolute ban on carrying firearms in public was unconstitutional and that the self-defense exception contained in section 12031 was insufficient to protect that right, there is absolutely no support for Plaintiffs’ argument that section 12050 and Defendants’ policy must therefore be held unconstitutional."

Richards v Prieto - Reply to Opposition to Motion for Summary Judgment 04-Mar-2011 22:02

As in the Peruta v San Diego case, the plaintiffs seek to turn California into a "shall-issue" state for licenses to carry a firearm concealed upon ones person.

First, a little background information on why this is significant for advocates of the right to openly carry a loaded firearm for the purpose of self-defense.

In 2008, the United States Supreme Court held that the Second Amendment was the codification of a pre-existing right of the individual to self-defense and as such we have the right to openly carry a weapon in public; handguns being a favorite of the court.

Last June, the High Court issued a decision applying that right to all states and local governments; including California and Los Angeles.

Since the 2008 Heller decision the 9th Circuit Federal Court has decided two cases upholding the right to openly carry a loaded gun in public and rejecting the argument one has a right to carry a loaded gun concealed.

In the first decision, a convicted felon and gang member was convicted for carrying a loaded handgun concealed upon his person. He claimed that the Heller decision was "meaningless dicta" the 9th Circuit Court of Appeals disagreed and explicitly held that a crucial paragraph of Heller which upheld the right to openly carry a loaded firearm, but not a loaded firearm concealed upon ones person, is not meaningless dicta - It is the

(Excerpt) Read more at examiner.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: banglist; ca; constitution; gun; opencarry; pistol
Alan Gura is working on the "Bear" part of the right to keep and bear arms. A "bear arms" case in DC has been waiting on a ruling for over a year.
1 posted on 03/08/2011 4:31:29 AM PST by marktwain
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To: marktwain

This is one of the worst written articles that I have ever read. The author makes baseless assumptions, doesn’t cite adequate references to support his various points, and writes with a lack of basic syntax and sentence structure.

Another example of why the internet is actually making society dumber.


2 posted on 03/08/2011 5:30:51 AM PST by freedomwarrior998
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To: freedomwarrior998

Glad you said that, cause I did not understand this article at all.


3 posted on 03/08/2011 5:55:29 AM PST by Clovis_Skeptic (The answer to 1984 is 1776!)
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To: freedomwarrior998

I couldn’t follow the writer’s logic either; very poor writing indeed.


4 posted on 03/08/2011 9:43:35 AM PST by Redcloak (What's your zombie plan?)
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To: freedomwarrior998

Yes, it was rather painful to read. Makes you wonder if this individual graduated in a public school. No wait, I’m not wondering, I’m convinced of it.


5 posted on 03/08/2011 11:34:51 AM PST by barrettabney
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