California Right To Carry
Regular Member
Today Gura made a strategic error by asking the district court judge to immediately deny the motion for reconsideration.
Should the district court deny the motion for reconsideration the 30 day clock starts for the Defendants to file a notice of appeal. Once the appeal is filed there is a very real danger that the court of appeals will stay the district court ruling pending the appeal, we all know an appeal could take years before there is a decision.
The district court judge could have sat on the motion for reconsideration until well after there was a handgun carry law to his liking in place.
Here is a link to the memorandum in opposition to the motion for reconsideration.
Concealed carry is of no use to me, I don't carry a purse. Besides, Open Carry is the right guaranteed by the Constitution, concealed carry can be prohibited.
"[A] right to carry arms openly: "This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations."" District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2809.
"Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues." District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2816.
"We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller." McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 - Supreme Court (2010) at 3050.
"[T]he right of the people to keep and bear arms (art. 2) is not infringed by laws prohibiting the carrying of concealed weapons..." Robertson v. Baldwin, 165 US 275 - Supreme Court (1897) at 282
Charles Nichols – President of California Right To Carry
http://CaliforniaRightToCarry.org
Should the district court deny the motion for reconsideration the 30 day clock starts for the Defendants to file a notice of appeal. Once the appeal is filed there is a very real danger that the court of appeals will stay the district court ruling pending the appeal, we all know an appeal could take years before there is a decision.
The district court judge could have sat on the motion for reconsideration until well after there was a handgun carry law to his liking in place.
Here is a link to the memorandum in opposition to the motion for reconsideration.
Concealed carry is of no use to me, I don't carry a purse. Besides, Open Carry is the right guaranteed by the Constitution, concealed carry can be prohibited.
"[A] right to carry arms openly: "This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations."" District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2809.
"Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues." District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2816.
"We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller." McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 - Supreme Court (2010) at 3050.
"[T]he right of the people to keep and bear arms (art. 2) is not infringed by laws prohibiting the carrying of concealed weapons..." Robertson v. Baldwin, 165 US 275 - Supreme Court (1897) at 282
Charles Nichols – President of California Right To Carry
http://CaliforniaRightToCarry.org
