California's Position on Carrying Loaded Firearms in Public

As of May 12, 2022, the following video is the State of California's position on carrying loaded firearms in public. The State of California is legally bound by its argument that the Second Amendment right to carry firearms extends beyond the curtilage of our homes into public places, but the right is to openly carry loaded firearms, there is no right to concealed carry that is protected by the Second or Fourteenth Amendments.Show more

The State of California won the case Peruta v. San Diego before an eleven-judge en banc panel. By winning the lawsuit, California is prohibited from taking an inconsistent position in future lawsuits.

That is one of the reasons why the decision in my California Open Carry lawsuit is still pending.

The State of California argues in this excerpt of the en banc oral argument in Peruta v. San Diego on June 16-2015, that the right to openly carry loaded firearms, including a loaded handgun, extends beyond the curtilage of our homes into public places, as per the SCOTUS opinion in District of Columbia v. Heller.

In my California Open Carry lawsuit, the state's attorney argued that the Heller opinion was wrong and that my three-judge panel must conduct its own historical analysis and then come to the conclusion that there is no right to openly carry a firearm, loaded or unloaded, anywhere outside the doors to our home.

Most judges are reluctant to straight out say that the US Supreme Court's Heller opinion is wrong. Instead, they find other ways to uphold laws that violate the Second Amendment. But it has happened before, and it will happen again.

My lawsuit was filed in the district court on November 30, 2011. That makes my California Open Carry lawsuit the longest right to bear arms lawsuit still standing.

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