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Author Topic: CA - No Constitutional Right to Carry  (Read 2951 times)

RoadKingLarry

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CA - No Constitutional Right to Carry
« on: May 16, 2011, 11:28:12 PM »
The antis continue the insanity in California.
Federal judge says there is no consitutional right to carry a concealed firearm, in part becasue California allows open (unloaded) carry. Meanwhile the California legislature is in the process of banning open (unloaded) carry.
 :facepalm:
http://www.foxnews.com/us/2011/05/16/federal-judge-rules-calif-gun-advocates/
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Matthew Carberry

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CA - No Constitutional Right to Carry
« Reply #1 on: May 17, 2011, 12:27:15 AM »
Quote from: RoadKingLarry on May 16, 2011, 11:28:12 PM
The antis continue the insanity in California.
Federal judge says there is no consitutional right to carry a concealed firearm, in part becasue California allows open (unloaded) carry. Meanwhile the California legislature is in the process of banning open (unloaded) carry.
 :facepalm:
http://www.foxnews.com/us/2011/05/16/federal-judge-rules-calif-gun-advocates/

He used "rationally related", the 9th won't like that based on precedent, particularly if OC goes away.
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Ben

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CA - No Constitutional Right to Carry
« Reply #2 on: May 17, 2011, 10:51:57 AM »
Quote from: RoadKingLarry on May 16, 2011, 11:28:12 PM
The antis continue the insanity in California.
Federal judge says there is no consitutional right to carry a concealed firearm, in part becasue California allows open (unloaded) carry. Meanwhile the California legislature is in the process of banning open (unloaded) carry.
 :facepalm:
http://www.foxnews.com/us/2011/05/16/federal-judge-rules-calif-gun-advocates/

The scuttlebutt on Calguns suggests that the judge who made this ruling has a CCW permit. Interesting that his unloaded, open carry argument seemed to be partially based on an individual "...being able to quickly load their firearm for self defense use".
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41magsnub

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CA - No Constitutional Right to Carry
« Reply #3 on: May 17, 2011, 11:14:22 AM »
Quick..  somebody design a holster specific to CA that stores a pistol with the slide locked back to make it faster to slap in a magazine and chamber a round!
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Matthew Carberry

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CA - No Constitutional Right to Carry
« Reply #4 on: May 17, 2011, 03:15:19 PM »
Quote from: Ben on May 17, 2011, 10:51:57 AM
The scuttlebutt on Calguns suggests that the judge who made this ruling has a CCW permit. Interesting that his unloaded, open carry argument seemed to be partially based on an individual "...being able to quickly load their firearm for self defense use".

The Supremes in Heller ruled that even with locked doors, windows and walls buying you time to react that requiring unloaded storage was not acceptable for self-defense.

The judge just tacitly acknowledged bearing as part of the right.  If OC survives the appeal on this, if it can still be made, would open up that argument to carry where you have even less time to react.
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Ben

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Re: CA - No Constitutional Right to Carry
« Reply #5 on: May 18, 2011, 07:49:51 PM »
By member request, I split this topic off from the Illinois CCW topic.
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Scout26

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Re: CA - No Constitutional Right to Carry
« Reply #6 on: May 18, 2011, 10:58:50 PM »
Quote from: Ben on May 18, 2011, 07:49:51 PM
By member request, I split this topic off from the Illinois CCW topic.

and we get kicked in the 'nads yet again..... :P :'(
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RoadKingLarry

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Re: CA - No Constitutional Right to Carry
« Reply #7 on: May 18, 2011, 11:24:28 PM »
Quote from: Ben on May 18, 2011, 07:49:51 PM
By member request, I split this topic off from the Illinois CCW topic.

Man, I'm glad you told us that 'cause I had no memory of starting this trhead ???

So, coupled with Heller's denouncement of unloaded storage for self defense it makes me ask if the judge actually read the Heller decision.
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seeker_two

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Re: CA - No Constitutional Right to Carry
« Reply #8 on: May 19, 2011, 06:37:44 AM »
Quote from: RoadKingLarry on May 18, 2011, 11:24:28 PM

So, coupled with Heller's denouncement of unloaded storage for self defense it makes me ask if the judge actually read the Heller decision.

I'm more interested if he read the McDonald decision....because this needs to be shot down either way....
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Matthew Carberry

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Re: CA - No Constitutional Right to Carry
« Reply #9 on: May 19, 2011, 02:17:09 PM »
Quote from: seeker_two on May 19, 2011, 06:37:44 AM
I'm more interested if he read the McDonald decision....because this needs to be shot down either way....

What was added in McDonald that would be relevent?  He is accepting Heller applies to the states (the 9th was an early adopter), he just says it doesn't say what it does.
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"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."
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