Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

On June 16, 2015, California Solicitor General Edward C. DuMont appeared before an en banc panel of eleven judges of the 9th Circuit Court of Appeals and reluctantly conceded that the Second Amendment does apply beyond the curtilage of one’s home into public places. But only if the firearms are openly carried, as per the US Supreme Court decision in District of Columbia v. Heller which said that Open Carry is the right guaranteed by the Constitution and which also said that concealed carry is not a right and can therefore be banned.

Nearly one year to the day later, on June 9, 2016, that same en banc panel of eleven judges published a decision which held, as per the Heller decision, that there is no right to carry a handgun concealed in public. Given that the plaintiffs in the two cases which were before the court argued that states can ban firearms from being openly carried for the purpose of self-defense in public and sought concealed carry permits, the seven judge majority said it was not deciding the Open Carry question because Open Carry was not a question before the Court. These two concealed carry lawsuits are Peruta v. San Diego and Richards v. Prieto in which the National Rifle Association, the NRA’s state organization the California Rifle and Pistol Association, the Second Amendment Foundation and the CalGuns.nuts Foundation argued that states can (and should) ban Open Carry in favor of concealed carry permits.

In April of 2012, California Attorney General Kamala Harris’ Department of Justice sent out a bulletin to all California Criminal Justice and Law Enforcement Agencies telling them that it is now illegal to openly carry an unloaded handgun in California (the Open Carry of loaded firearms had been banned in 1967). Likewise, in March of 2013 a bulletin was sent by Harris’ DOJ to the same law enforcement agencies and personnel informing them that California had made it a crime to openly carry an unloaded long gun.

And yet, despite the State of California’s concession on June 16, 2015, that its bans on openly carrying firearms in public are unconstitutional, the two California state elected officials who enforce the bans, Governor Brown and Attorney General Harris, are still enforcing the bans as are all other agents of the state, e.g., your local police.

Once the mandate has issued in the Peruta/Richards concealed carry appeals my California Open Carry appeal will be heard by the 9th Circuit Court of Appeals. The California DOJ never sent out a bulletin informing all California Criminal Justice and Law Enforcement Agencies that the California Open Carry bans are unconstitutional and the State of California still opposes my lawsuit which seeks to overturn California’s bans on openly carrying firearms (loaded and unloaded).

Naturally, I will point out in my appeal that the State of California has already conceded that California’s Open Carry bans are unconstitutional and to argue that they are constitutional in my appeal means that the State of California lied in the Peruta/Richards concealed carry lawsuits, or they are lying now, either way the State of California lied.

It will be interesting to see how many, if any, of the Federal judges assigned to my appeal like being lied to by the State.

Unless something unprecedented happens, my California Open Carry appeal will be fully briefed by the first week of February, 2017, and ready for oral arguments.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

Israel’s Judicial Conundrum

Reality check: the unpopular and perhaps controversial thought must be said. Israel is entrenched in a judicial conundrum that places its very existence in jeopardy.

Bigger Tax Refunds for U.S. Property Owners in 2025 – Due to Rising Costs of Homeownership

The size of the refund depends on different factors. First, let's discuss why homeowners will qualify for larger tax refunds.

Kamala Harris Presidential Campaign Paid Millions to Celebrity Production Companies Despite Denials

Waste and political funding in focus, revelations show the failed Kamala Harris presidential campaign funneled big funds into celebrity production.

Robert F. Kennedy Jr. Confirmed as HHS Secretary in 52-48 Senate Vote

Robert F. Kennedy Jr. was confirmed as Secretary of...

Somalia Launches First Youth Football Development Center

Inaugurated by the president of Somali Football Federation, Mr. Ali Abdi Mohamed, the new youth football development center began its operation in the city of Baidoa on Thursday 13th of February 2025.

Tulsi Gabbard Confirmed as U.S. Director of National Intelligence, Meets with Indian PM Modi

Tulsi Gabbard, Director of National Intelligence The U.S. Senate confirmed...

Why Is Kendrick Lamar Dissing Drake Now?

Kendrick Lamar and Drake once shared a collaborative spirit, but tensions simmered in 2013 with Lamar's bold verse on "Control." What followed...
spot_img

Related Articles

Popular Categories

spot_imgspot_img