The Second Amendment lawsuit against California was filed in Federal Court for California’s Eastern District, Fresno Branch. Mark Baird et al v Becerra alleges deprivation of rights referring directly to California’s defacto (licensing) and statutory bans on the open carry of a loaded weapon. The complaint states that the Second Amendment gives the citizen nothing except freedom from government interference. The Second Amendment simply codifies the pre-constitutional, Natural Right, of every lawful person to defend oneself, family, community, state and nation.
The Ninth Circuit has opined, and the USSC has refused to rehear that “Concealed Carry” is not a right ( Peruta v San Diego), period! “Concealed” carry, according to the Court is a privilege which States can regulate, or ban as they see fit.
There are only two ways to carry.....Open or concealed. If Concealed is a not a right, then as the Complaint alleges.....open carry must be the core Right protected by the Second Amendment, and as such the statutes which ban the open carry of a loaded or unloaded handgun are Unconstitutional.
The natural question will follow," Why aren’t we going for the ban on long guns as well?" Our legal team thought it best to make a narrow challenge which would restore at least basic Second Amendment guarantees which are Constitutionally available to the vast majority of the people in all of California’s Counties. We can and will be following up with further attacks on California’s scheme to disarm its citizens. Tokeepandbear.com is committed to the full restoration of Second Amendment guarantees. There are also other Liberty-minded citizens in California bringing cases to ensure our Liberty and Second Amendment guarantees. We thought it might be counter productive to attempt to right all the wrongs of this state at once. How do you eat an elephant? One bite at a time.
The case was filed in the Fresno Branch of the Eastern District for California. The Federal Court reassigned the case to Sacramento. Disappointing but not unexpected, because the States Attorney General has its office in Sacramento.
We drew Kimberly Mueller, the same judge who dismissed the Jefferson State case titled CFR v Padilla, (currently being appealed to the Ninth Circuit). This fact is not necessarily bad news. Our Second Amendment case is fundamentally different than the voter dilution case of CFR v Padilla. There are no standing issues in our Second Amendment case. Our deprivation of rights allegations are well reasoned and pretty straight forward.
In spite of these scheduling items, all the news is good for this case. Our cause is just. The complaint is a straight Constitutional challenge. The generous support of the Jefferson Counties makes the case financially possible. We can afford, with your continued support, to take this as far as we need to go. Courts move glacially. Our first scheduling hearing is to be in August. Dave and I will keep all of you posted as the case moves along.
We, the People, have the Right to keep and bear arms and the Right shall not be infringed. The United States Constitution tells us so in unequivocally plain language. That Right extends to the States through the Fourteenth Amendment which has been supported by USSC opinion. The Right extends to bearing arms in public. We know this because a well regulated militia could not possibly be an effective force from behind the bedroom curtains, and for the State to oppose this theory flies in the face of history. We the People could not possible defend ourselves from public threats or tyranny with our fire arms firmly tucked into our bathrobe pockets. Self Defense may be required when and whereever the individual happens to be. California crime statistics illustrate well over one hundred thousand violent or property crimes every year number of crimes which exceeds the national average. To disarm the average law-abiding individual in California as a state policy purported by the government to be a policy that will make the public feel safe, is Unconstitutional, indefensible, and contrary to Liberty.
Please help us to support our God-given Right, our Natural Right of self defense. Please contribute what you can afford. Follow the progress of this case on tokeepandbear.com. Please continue to contribute to the other patriots who have been in court for years in the attempt to reverse the tyranny of the majority and the denial of Rights in California. Charles Nichols needs your help.....www.californiarighttocarry.org. Charles has been in court alone for years, he needs our help and our support. George Young needs our help. He has been in court for years. All to restore YOUR Natural Right to self defense and defense from tyranny.
If the seven or eight million California gun owners would simply vote for conservative candidates, we could take our state back in one election. If conservative Christians would simply stand up and vote, we could take back this state in one election. Where do you stand? What do you stand for? Do you have a line in the sand? If so, what is it? It matters that you stand for something!
As Patrick Henry said, “I know not what course others may take, but as for me, give me liberty or give me death”.