California Right To Carry
Regular Member
This was an unexpected concession by California's Solicitor General during the en banc oral arguments in Peruta v. San Diego / Richards v. Prieto.
We owe a debt to Circuit Judge Carlos Bea who pinned the State down to clearly articulate its position on whether or not the Second Amendment is limited to the home.
This was a huge concession by the State. My Open Carry lawsuit was filed in November of 2011 and the State has never even conceded a right to carry a firearm in the home, let alone in the curtilage of one's home. All I ever needed to prevail in my lawsuit was for the court to conclude that I have a right to carry a loaded firearm on my porch. Now, not only has the State made that concession, it has said that the "core right" extends beyond the curtilage of the home to public places.
The NRA lawyer, as expected, argued that states can ban Open Carry. The SAF/CalGuns lawyer has always made that argument in every SAF concealed carry lawsuit.
From my press release:
"Today, June 16, the Solicitor General for the State of California was asked by Circuit Judge Carlos Bea to make it clear that his understanding is that the State’s position is that the Second Amendment “core right” defined in the 2008 US Supreme Court Heller decision can apply outside of the home?
The State of California replied “Yes, with a qualification.” That qualification being that the Second Amendment does not confer the right to carry a handgun concealed especially in cities and towns."
Read more here.
I wrote up my predictions as to how each of the eleven judges are likely to vote on June 8th which was six against Peruta/Richards, one for and the rest undecided. Based on the oral arguments I think it is safe to add two more judges in the against column.
A couple of the judges asked whether or not the two cases should be remanded back to the district court in light of the unloaded Open Carry bans, Gura was vehemently opposed. The NRA lawyer, Paul Clements, acted like he had a three martini lunch before court.
The State indicated that a remand would be appropriate or (worst case) that the court should issue a very narrow decision limiting the issuance of permits to just the plaintiffs and to address the broader question of the scope of the Second Amendment right in a future case. That future case is my Open Carry lawsuit.
A frequently asked question is when will we have a decision? The answer is there is no time limit. It could be weeks, months or years. Barring an unexpected grant of cert by SCOTUS which, in light of the denial of cert in Jackson v. San Francisco is unlikely, I suspect that we will have a decision in three to six months. In light of the denial of cert in Jackson v. San Diego, the plaintiffs were fools not to leap at the chance for their cases to be remanded back to the district court. If the en banc court treats this case as what it is, concealed carry, then Peruta and Richards lose. Given that there is no circuit split on concealed carry there is no reason for SCOTUS to grant cert and that is the end of their lawsuits.
Here is a video of the oral arguments [video]https://youtu.be/anKfVru1des[/video]
We owe a debt to Circuit Judge Carlos Bea who pinned the State down to clearly articulate its position on whether or not the Second Amendment is limited to the home.
This was a huge concession by the State. My Open Carry lawsuit was filed in November of 2011 and the State has never even conceded a right to carry a firearm in the home, let alone in the curtilage of one's home. All I ever needed to prevail in my lawsuit was for the court to conclude that I have a right to carry a loaded firearm on my porch. Now, not only has the State made that concession, it has said that the "core right" extends beyond the curtilage of the home to public places.
The NRA lawyer, as expected, argued that states can ban Open Carry. The SAF/CalGuns lawyer has always made that argument in every SAF concealed carry lawsuit.
From my press release:
"Today, June 16, the Solicitor General for the State of California was asked by Circuit Judge Carlos Bea to make it clear that his understanding is that the State’s position is that the Second Amendment “core right” defined in the 2008 US Supreme Court Heller decision can apply outside of the home?
The State of California replied “Yes, with a qualification.” That qualification being that the Second Amendment does not confer the right to carry a handgun concealed especially in cities and towns."
Read more here.
I wrote up my predictions as to how each of the eleven judges are likely to vote on June 8th which was six against Peruta/Richards, one for and the rest undecided. Based on the oral arguments I think it is safe to add two more judges in the against column.
A couple of the judges asked whether or not the two cases should be remanded back to the district court in light of the unloaded Open Carry bans, Gura was vehemently opposed. The NRA lawyer, Paul Clements, acted like he had a three martini lunch before court.
The State indicated that a remand would be appropriate or (worst case) that the court should issue a very narrow decision limiting the issuance of permits to just the plaintiffs and to address the broader question of the scope of the Second Amendment right in a future case. That future case is my Open Carry lawsuit.
A frequently asked question is when will we have a decision? The answer is there is no time limit. It could be weeks, months or years. Barring an unexpected grant of cert by SCOTUS which, in light of the denial of cert in Jackson v. San Francisco is unlikely, I suspect that we will have a decision in three to six months. In light of the denial of cert in Jackson v. San Diego, the plaintiffs were fools not to leap at the chance for their cases to be remanded back to the district court. If the en banc court treats this case as what it is, concealed carry, then Peruta and Richards lose. Given that there is no circuit split on concealed carry there is no reason for SCOTUS to grant cert and that is the end of their lawsuits.
Here is a video of the oral arguments [video]https://youtu.be/anKfVru1des[/video]