California in violation of the second amendment
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Thread: California in violation of the second amendment

  1. #1
    Join Date
    Apr 2010
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    Kannapolis, N.C.
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    California in violation of the second amendment

    Bans open carry.
    I'm a strict Constitutionalist in no way should this ban be allowed to stand as is. The 10th amendment says

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
    Since the states have given the feds the authority to keep in check any violation of the second amendment and the second Amendment says

    A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
    What part of keep and bear arms do these pricks not understand?


    SACRAMENTO, Calif. -- California became the fifth state to prohibit openly carrying handguns in public after Gov. Jerry Brown announced Monday that he had signed the ban into law amid heavy opposition from gun enthusiasts.

    AB144 by state Assemblyman Anthony Portantino, D-Pasadena, makes it a misdemeanor to carry an exposed and unloaded gun in public or in vehicles, with violators facing up to a year in prison or a potential fine of $1,000 when the law takes effect on Jan 1.
    New]New law bans open carry of handguns in Calif. - Forbes.com law bans open carry of handguns in Calif. - Forbes.com

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  3. Sadly, precedent has been set that banning open carry is *NOT* a violation of the second amendment. Concealed carry is still available, just really hard to get approval for. With any luck, this WILL force them to grant more concealed carry permits, though. (a la DC.)

  4. #3
    Join Date
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    One day the apocalypse will begin.......and it will begin in California because there can be no opposition there.

  5. #4
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    We are dealing with liberals here. They don't care about the Constitution and they have the courts stacked with more liberals. You voters that are pro gun and vote to keep liberals in power don't have anything to complain about. You are getting what you voted for.
    "You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan

  6. #5
    Join Date
    Oct 2008
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    Kalifornia & Idaho
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    Quote Originally Posted by Ed Hurtley View Post
    Sadly, precedent has been set that banning open carry is *NOT* a violation of the second amendment. Concealed carry is still available, just really hard to get approval for. With any luck, this WILL force them to grant more concealed carry permits, though. (a la DC.)
    There was a court decision that said Kalifornia did not have to open up concealed carry because they allowed unloaded open carry with a loaded magazine on one's person. This clearly opens up the state to a new lawsuit to force either open carry or concealed carry for all law abiding citizens in order to meet the Keep and Bear arms of the 2nd Amendment. I hope GOA, the Second Amendment Foundation, and the NRA-ILA have the lawsuit ready to go and I hope the law abiding gun owners in Kalifornia will all kick in some money to make sure this suit goes as high as necessary.
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

  7. #6
    SAF, Calguns, and NRA-ILA had already begun talking about lawsuits even before this was signed into law. GOA is a joke, BTW.

  8. #7
    Quote Originally Posted by bigrebnc1861:235102
    What part of keep and bear arms do these pricks not understand?
    The whole thing. Hence, my ever-deepening desire to relocate away from this hotbed of socialism.

  9. #8
    Quote Originally Posted by LS-208:235113
    One day the apocalypse will begin.......and it will begin in California because there can be no opposition there.
    Better hope you live in Arizona when it does...

  10. #9
    Join Date
    Oct 2007
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    bouncing between CA and NV
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    186
    What part of keep and bear arms do these pricks not understand?
    CA's state constitution does not have a "right to bear arms" provision.

    That's the reason why, prior to 2010, the court system in CA have consistantly ruled that CA's gun control laws were constitutional.

    CA had to wait until 2010, when SCOTUS ruled that the Second Amendment is incorporated and applied to the states, in order to get the "right to bear arms".

    Since, the SCOTUS ruling there have been several lawsuits challenging the various CA anti-gun laws.

    However, the court system takes a long time (about 2-8 years) before rendering a decision.

    So, it will take time for things to turn around in CA.
    “If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.” - Dalai Lama (Seattle Times, 05-15-2001).

  11. #10
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    Jan 2010
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    ARIZONA
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    Quote Originally Posted by Providence Ranch View Post
    Better hope you live in Arizona when it does...
    Best move I ever made!
    America's Epitaph
    Since They Did Not See Fit To Acknowledge God, He Gave Them Over To A Depraved Mind, To Do What Should Not Be Done

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