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Baird v. Becerra - California handgun Open Carry lawsuit

Open Carry

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#1 Charles Nichols


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Posted 14 September 2019 - 06:31 PM

I thought this was already a forum topic but I did a search on "Baird" and didn't get any relevant hits.


As many of you are aware, I filed a lawsuit challenging California's Open Carry bans back in November of 2011, in the Federal Central District of California.  My case was stylized as Charles Nichols v. Edmund G. Brown Jr., et al.  California has term limits and so Governor Brown was replaced with Governor Newsom on January 7th of this year. My lawsuit challenges California's Loaded Open Carry ban, enacted in July of 1967, as well as the two more recent bans on openly carrying unloaded firearms.  My lawsuit also challenges the California handgun licensing laws in their entirety and in the alternative as to the prohibitions on issuing licenses in counties with a population of 200,000 or more people and their being restricted to the county of issuance (they were valid statewide until Governor Schwarzenegger signed a bipartisan bill restricting them to the county of issuance).  Oral argument took place in my appeal on February 15, 2018.  Submission of my appeal for a decision by the 9th circuit court of appeals is vacated pending the en banc decision in the related case of Young v. Hawaii.


On April 9th of this year, Mark Baird and Richard Gallardo filed a lawsuit in the Federal Eastern District of California.  Their lawsuit is stylized as Baird et al v. Becerra (Becerra is the California Attorney General).


The Baird lawsuit is strictly limited to the Open Carry of handguns.


The court had scheduled a hearing for the plaintiffs' motion for a preliminary injunction and the State's motion to dismiss on September 6th but has now rescheduled it for October 8th.


I have created a page at my website which contains links to all of the relevant court filings.  It can be found here -> https://californiaop...-carry-lawsuit/


I played no part in drafting the Complaint or any of the filings.  For that matter, the lead Plaintiff (Mark Baird) had contacted me in August of 2018 after I published an article at NewBlaze pointing out that the then recently (and now vacated) three-judge panel decision in George Young Jr., v. State of Hawaii, et al, was now binding on every Federal judge in the 9th circuit. 


I gave Mr. Baird a lot of advice, none of which he took.


Nonetheless, I still hope he wins.

Concealed carry is of no use to me because I don't carry a purse or wear a dress, and I'm not into secret advantage and unmanly assassination.


"Should the Open Carry movement become successful it will result in the greatest dissolution of government power since the collapse of the Soviet Union." - Charles Nichols
"If a monkey looks into a book, a sage cannot look out." - Georg Christoph Lichtenberg
"La plus belle des ruses du diable est de vous persuader qu'il n'existe pas." - Charles Baudelaire 
"God doesn't want me and the devil isn't finished with me." - Raymond Reddington
"When you lift the last veil, you might discover that your bride is an ignorant, illiterate child living in a world of fear and superstition." - Charles Nichols.* 
* I posted this on my Facebook page on May 20, 2011.  Unable to find its origin, I claim to be its creator.

Also tagged with one or more of these keywords: Open Carry

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