December 10th, 2010 4:02 pm
PTSource: The Examiner
If you are a proponent of the right to openly carry a firearm in public for the purpose of self-defense then your right was reaffirmed today by Chief Federal Judge Irma Gonzalez from the Southern Federal District of California.
Unfortunately for those who favor the right to carry a firearm concealed upon his or her person, the Federal Judge rejected the plaintiff's attempt to make California a "shall-issue" state for licenses to carry a firearm concealed.
I believe in what is known as Constitutional Carry, the right to carry a firearm openly or concealed as one choses; without a license or permit. However, I am not a Federal Judge and so, as of today, we have the reaffirmed right to openly carry a firearm in California and load the firearm for immediate self-defense. Now that we have a Federal Judge in the 9th Circuit recognizing the right to openly carry a firearm in public, loaded if need be, we can build on her decision.
The California Gun Free School Zone Act of 1995 (PC 626.9) prohibits one from openly carrying a firearm on pubic property within 1,000 feet of a K-12 school grounds, without permission from the school. Although, it is legal to Openly Carry a firearm at businesses, residences, and private property within these 1,000 foot zones, one is required to place the unloaded firearm in a locked container before stepping onto a public sidewalk or street.
Since one can not throw a stone without it landing in a school zone in urban areas, this restriction amounts to a blanket prohibition on our constitutional right to carry a weapon in public for the purpose of self-defense.
There is another 9th Circuit decision due around the middle of January, 2011. Nordyke v Kiing will decide whether or not government can ban guns in government owned public venues like fairgrounds.The Case was Peruta v San Diego et al Case 3:09-cv-02371-IEG -BGS
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