Calguns Board Member the_quark posted a succinct and exciting explanation of what’s coming up. (That link’s worth clicking on; he’ll update it from time to time). Even if you live in a free state, it’s these lawsuits that will secure your rights forever. Have you DONATED yet to help this cause?
Example:
What Changes Does McDonald Cause In California Law, Today?
None. There is nothing that was illegal on June 1 that’s legal today because of McDonald.
Well, Then, What’s The Big Deal About McDonald If I Still Can’t Buy The Gun I Want?
Courts work through a system of precedents. If a superior court says an argument is invalid, it can’t be made again. Mr. Gura has been following a very clear and simple strategy to knock down the antis’ arguments, one at a time.Imagine it’s 1998. You’re arrested for Loaded Open Carry. You go to court, and say, “I have a Second Amendment to own and bear arms, this law is unconstitutional.” The other side would have said, “The Second Amendment confers a collective right to the states, not to an individual, so the law is fine,” and you’d lose and stay in jail.
Imagine it’s now 2009. You’re arrested for Loaded Open Carry. You make the same argument, and their reply is, “Well, obviously, he has an individual right to own the gun at the Federal level, but the Second Amendment doesn’t apply to the states, so the law is fine,” and you’d stay in jail.
Now, it’s July, 2010. You’re arrested for Loaded Open Carry. You make the same argument, and their reply is, “Well, obviously, he has an individual right to own the gun, and the Second Amendment applies that to the state of California, but Heller just says you have the right to keep it in your home for self defense, and he was out walking around,” and you’d stay in jail.
…
Imagine it’s now 2013. Alan Gura (or perhaps someone else) has won a case stating that, as a right that Fundamental to our system of ordered liberty, any restrictions on the right to keep and bear arms must pass the “strict scrutiny” test. You’re arrested for Loaded Open Carry. You make the same argument, and their reply is, “Well, obviously, he has an individual right to own the gun, and the Second Amendment applies that to the state of California, and he has a right to bear as well per the North Carolina case, but we have a compelling state interest in preventing people from running around in public with guns,” and the judge overrules them since strict scrutiny applies, and releases you, because they are out of arguments. Your lawyer puts together a Section 1983 Civil Rights lawsuit and recovers damages because your rights were infringed, and they train all their officers that Loaded Open Carry is legal.
Entire strategy post below the break.
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