California Right To Carry
Regular Member
Update by Charles Nichols, President of California Right To Carry – April 20, 2015 - Today, 9th Circuit Court of Appeals Chief Judge Sidney R. Thomas issued an Order granting My Motion to file My Amicus Brief in Peruta v. San Diego / Richards v. Prieto. I am now officially one of the Amici in the case.
Chief Judge Thomas could have simply denied my motion. We'll have to wait until oral arguments to see if my Amicus brief had any effect. It was important for someone to attack his citation in Peruta to the laws cited in Kachalsky and to attack his citation to the the fourteenth-century Statute of Northampton which was enacted shortly after the Jews were expelled from England. I think I made a convincing argument that a return to the English dark ages is neither desirable nor Constitutional.
In any event, there is now a lone voice standing up for the Second Amendment right to openly carry firearms for the purpose of self-defense. The deadline to file an Amicus brief either in opposition or, as I did, in support of neither party has now passed. The only Amicus briefs that will be filed from this point on until the June 30th deadline will be Amicus briefs in Support of Peruta / Richards. For those of you who might be unfamiliar with the purpose of Amicus briefs they fall into one of three categories: 1) You oppose the legal arguments made by one or more of the parties, 2) You support the legal arguments made by one or more of the parties and 3) You do not support the legal arguments made by any of the parties. I chose door number 3.
The Peruta and Richards plaintiffs argued that California can ban Open Carry. The defense in Peruta made a number of legal arguments. Perhaps the most outrageous was that the Second Amendment should not apply to San Diego because it is adjacent to the Mexican border. The defense in Richards argued that current California law satisfies the Second Amendment because of the exceptions to the Unloaded Open Carry bans.
Mine is the only Amicus brief arguing in support of the Second Amendment as defined in District of Columbia v. Heller which is: "[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 (2008) at 2809
EDIT APRIL 23, 2015 - Here is a list of the Amici in Peruta v. San Diego. All of them have one thing in common - THEY ALL OPPOSE OPEN CARRY
Adam Richards
Association Of Prosecuting Attorneys
Brady Center To Prevent Gun Violence
Brett Stewart
California Association Of Federal Firearms Licensees, Inc.
California Peace Officers Association
California Police Chiefs Association
California State Sheriff’s Association
Center For Constitutional Jurisprudence
Congress Of Racial Equality Inc.
Doctors For Responsible Gun Ownership
Firearms Policy Coalition, Inc.
Firearms Policy Foundation, Inc.
Florida Carry, Inc.
Gun Owners Of California
Gun Rights Across America
Hawaii Defense Foundation
Illinois Carry
Knife Rights Foundation, Inc.
Law Center To Prevent Gun Violence
Law Enforcement Alliance Of America
Law Enforcement Educators And Trainers Association
Legal Community Against Violence
Liberal Gun Owners Association
Madison Society, Inc.
Major Cities Chiefs Association
Marin County Sheriff Robert Doyle
National Rifle Association Of America, Inc.
Pink Pistols
San Francisco District Attorney George Gascón
Second Amendment Foundation, Inc
Senator H. L. Richardson (Ret.)
State Of Hawaii
The Calguns Foundation, Inc.
The Independence Institute
The International Brotherhood Of Police Officers
The Police Foundation
HERE IS A LIST OF LAWYERS WHO EITHER OPPOSE OPEN CARRY OR REPRESENT THE ANTI OPEN CARRY AMICI OR REPRESENT THE ANTI OPEN CARRY PARTIES
Bradley A. Benbrook, Attorney
Mr. Gregory David Brown, Deputy Attorney General
Mr. Paul D. Clement, Attorney
Mr. Paul R. Coble, Attorney
Mr. Charles J. Cooper
Doctor John C. Eastman
Mr. Simon J. Frankel, Attorney
Mrs. Kimberly Tsumoto Guidry
Mr. Alan Gura
Stephen Porter Halbrook, Attorney
Mr. Don Kates
Bruce A. Kilday, Attorney
Mr. Donald Kilmer, Jr., Attorney
Professor David Kopel
Mr. Girard Douglas Lau, Deputy Attorney General
Ms. Kathryn Linde Marshall
Allan Jerome Mayer, Attorney
Mr. Martin Joel Mayer
Mr. Carl D. Michel, Senior Attorney
Ross Moody, Deputy Attorney General
Mr. Robert Tadao Nakatsuji
Mr. Paul Henry Neuharth, Jr., Attorney
Mr. Neil R. O'Hanlon, Attorney
Stefan B. Tahmassebi, Deputy General Counsel
Serena M. Warner, Attorney
John A. Whitesides, Attorney
Chief Judge Thomas could have simply denied my motion. We'll have to wait until oral arguments to see if my Amicus brief had any effect. It was important for someone to attack his citation in Peruta to the laws cited in Kachalsky and to attack his citation to the the fourteenth-century Statute of Northampton which was enacted shortly after the Jews were expelled from England. I think I made a convincing argument that a return to the English dark ages is neither desirable nor Constitutional.
In any event, there is now a lone voice standing up for the Second Amendment right to openly carry firearms for the purpose of self-defense. The deadline to file an Amicus brief either in opposition or, as I did, in support of neither party has now passed. The only Amicus briefs that will be filed from this point on until the June 30th deadline will be Amicus briefs in Support of Peruta / Richards. For those of you who might be unfamiliar with the purpose of Amicus briefs they fall into one of three categories: 1) You oppose the legal arguments made by one or more of the parties, 2) You support the legal arguments made by one or more of the parties and 3) You do not support the legal arguments made by any of the parties. I chose door number 3.
The Peruta and Richards plaintiffs argued that California can ban Open Carry. The defense in Peruta made a number of legal arguments. Perhaps the most outrageous was that the Second Amendment should not apply to San Diego because it is adjacent to the Mexican border. The defense in Richards argued that current California law satisfies the Second Amendment because of the exceptions to the Unloaded Open Carry bans.
Mine is the only Amicus brief arguing in support of the Second Amendment as defined in District of Columbia v. Heller which is: "[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 (2008) at 2809
EDIT APRIL 23, 2015 - Here is a list of the Amici in Peruta v. San Diego. All of them have one thing in common - THEY ALL OPPOSE OPEN CARRY
Adam Richards
Association Of Prosecuting Attorneys
Brady Center To Prevent Gun Violence
Brett Stewart
California Association Of Federal Firearms Licensees, Inc.
California Peace Officers Association
California Police Chiefs Association
California State Sheriff’s Association
Center For Constitutional Jurisprudence
Congress Of Racial Equality Inc.
Doctors For Responsible Gun Ownership
Firearms Policy Coalition, Inc.
Firearms Policy Foundation, Inc.
Florida Carry, Inc.
Gun Owners Of California
Gun Rights Across America
Hawaii Defense Foundation
Illinois Carry
Knife Rights Foundation, Inc.
Law Center To Prevent Gun Violence
Law Enforcement Alliance Of America
Law Enforcement Educators And Trainers Association
Legal Community Against Violence
Liberal Gun Owners Association
Madison Society, Inc.
Major Cities Chiefs Association
Marin County Sheriff Robert Doyle
National Rifle Association Of America, Inc.
Pink Pistols
San Francisco District Attorney George Gascón
Second Amendment Foundation, Inc
Senator H. L. Richardson (Ret.)
State Of Hawaii
The Calguns Foundation, Inc.
The Independence Institute
The International Brotherhood Of Police Officers
The Police Foundation
HERE IS A LIST OF LAWYERS WHO EITHER OPPOSE OPEN CARRY OR REPRESENT THE ANTI OPEN CARRY AMICI OR REPRESENT THE ANTI OPEN CARRY PARTIES
Bradley A. Benbrook, Attorney
Mr. Gregory David Brown, Deputy Attorney General
Mr. Paul D. Clement, Attorney
Mr. Paul R. Coble, Attorney
Mr. Charles J. Cooper
Doctor John C. Eastman
Mr. Simon J. Frankel, Attorney
Mrs. Kimberly Tsumoto Guidry
Mr. Alan Gura
Stephen Porter Halbrook, Attorney
Mr. Don Kates
Bruce A. Kilday, Attorney
Mr. Donald Kilmer, Jr., Attorney
Professor David Kopel
Mr. Girard Douglas Lau, Deputy Attorney General
Ms. Kathryn Linde Marshall
Allan Jerome Mayer, Attorney
Mr. Martin Joel Mayer
Mr. Carl D. Michel, Senior Attorney
Ross Moody, Deputy Attorney General
Mr. Robert Tadao Nakatsuji
Mr. Paul Henry Neuharth, Jr., Attorney
Mr. Neil R. O'Hanlon, Attorney
Stefan B. Tahmassebi, Deputy General Counsel
Serena M. Warner, Attorney
John A. Whitesides, Attorney
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