California Anti-Open Carry Law

[Divebum47]

There still selling beach front property in Nevada, waiting for the big one that will let California slide into the ocean! Do you think the Great Lakes could swallow Illinois and New York?

Not only no, but hell no!! Lake Erie has just gotten back to where you can eat the fish you catch. Don't wanna pollute the Lakes again.

(Sorry New Yorkers and Illini - we'll take you guys as long as you leave your elected officials at home)

[DefensiveCarry.com]

[JohnK87]

Any idea where the Governator stands on this one? I'm not that hopeful, but you never know.

[swatspyder]

This law will be ruled unconstitutional when 2A is incorporated into the states.

http://opencarry.mywowbb.com/forum12/45253.html

[retsupt99]

I wouldn't be too concerned if AZ became ocean front property...

[Eagleks]

So, technically... anyone carrying a gun to their car, or taking it out , or going hunting... is in violation of the law.

Now, that's dumb.

[rmodel65]

So, technically... anyone carrying a gun to their car, or taking it out , or going hunting... is in violation of the law.

Now, that's dumb.

in GA the first 2 would be correct its actually illegal to carry in your own yard without a GFL....

[chiefjason]

This is disgusting! How is it that the Legislative Body for a State can get away with passing a law that is blatantly unconstitutional?

It seems that in more and more cases, State Legislatures and the US Congress are adopting the stance that they can pass whatever law they want, and if folks see it as unconstitutional then they can sort it out in the court system. In my opinion, that's wrong. The courts exist as a failsafe to interpret the law and apply it. They're not supposed to have to spend all their time striking down laws that were clearly unconstitutional on their face.

Brian

I think the argument hinges on at least 2 things. They don't believe the 2A applies to them. And the state of CA has no constitutional protection for the RTKABA. From OCDO...


State Constitution The California Constitution contains NO provision for the right to keep and bear arms.

OpenCarry.org - State Information For California

Combine those 2 things and they think they can do whatever, wherever, to whoever as far as the RTKABA is concerned.

[Majorlk]

It still has to get the Senate's vote as well as Arnold's signature, but dont hold your breath on that. Hopefully this is challenged in court. In light of the D.C. and Chicago cases from the Supreme Court i think that there is a good chance that this gets overturned.

Just curious, is there any anti-gun legislation that your governor hasn't signed? He appears to be another RINO.

[jfl]

I escaped from the P.R.K. in the 80's; gave up on it. Too many crazy bleeding heart, tree hugging libs; let's just give it back to Mexico

[r0rtiz]

Just curious, is there any anti-gun legislation that your governor hasn't signed? He appears to be another RINO.

Point taken. Alas, we appear to be hosed!

[chiefrcd]

There is a old saying, you get what you pay for...in this case you get what you vote for.

[gawntrail]

Californians have passed lots of ballot initiatives (Propositions) that go against the 'political' grain of the State. Propositions are 'bills' that are written and then go directly on the ballot, bypassing the traditional bi-camber process. Although CA is definitely dominated by Liberals in its State Assembly and State Senate, the voters are much more moderate to Center-Right. A simple, straight forward Proposition that reaffirms the 2nd Amendment Rights of Californians has a pretty good chance of getting both on the ballot and eventually passed.

[Majorlk]

Californians have passed lots of ballot initiatives (Propositions) that go against the 'political' grain of the State. Propositions are 'bills' that are written and then go directly on the ballot, bypassing the traditional bi-camber process. Although CA is definitely dominated by Liberals in its State Assembly and State Senate, the voters are much more moderate to Center-Right. A simple, straight forward Proposition that reaffirms the 2nd Amendment Rights of Californians has a pretty good chance of getting both on the ballot and eventually passed.

I wouldn't bet any significant amount of money on that statement. California has of history of a significant percentage of those passed initiatives winding up being challenged in court and overturned by the 9th circuit.

[gawntrail]

I wouldn't bet any significant amount of money on that statement. California has of history of a significant percentage of those passed initiatives winding up being challenged in court and overturned by the 9th circuit.

Some of the most politically conservative issues have been passed through the proposition process. Yes, as a whole CA is Liberal and is stuck in a nasty Liberal tailspin. But, Prop 13 (property taxation ceiling) was passed in the 70's, Prop 187 (no benefits to illegals) in the 90's, Prop 22 (no recognition of Gay Marriage) in 2000, and Prop 8 (Amending the State Constitution to only recognizing opposite sex marriages) in 2008.

Now, politics aside. On a strict Constitutional basis a Proposition that reaffirms Californians rights provided for by the 2nd Amendment only needs to receive enough votes to pass. Once it is passed, it could not suffer the fate of Prop 22 (struck down by the CA Supreme Court) because the 2nd Amendment is black and white. And is gaining more 'strength' by the anti-gunners being struck down around the country.

This is the first paragraph after the Preamble of the California Constitution:

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

Again, not political. Just a reaffirmation of what is already guaranteed by both the US and California Constitutions. And, I'm not meaning to be argumentative, because you are right that the normal process makes this a pipe dream. But, I believe the best and eventual way for it to happen is through the Proposition process.

[Thanis]

There still selling beach front property in Nevada, waiting for the big one that will let California slide into the ocean! Do you think the Great Lakes could swallow Illinois and New York?

Well, maybe Chicago could flood, I think that would take care of most of the anti-gun of that state. Then with NY, I would look to the Ocean. NY city is where most of the anti-gun is in NY.

I escaped from the P.R.K. in the 80's; gave up on it. Too many crazy bleeding heart, tree hugging libs; let's just give it back to Mexico

All joking aside, I'm not writing off any state. 2A is law, and it is U.S. soil.