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Aegis
07-30-2008, 1:45 PM
After Heller is incorporated onto the states how long until we can expect some reforms in California to loaded open carry and/or “shall issue” CCW? After incorporation will lawsuits need to be filed to allow loaded open carry or “shall issue” CCW? I cannot imagine the legislature all of a sudden accepting the Heller decision. If so, is it possible to anticipate 2-3 years for any real results?

sorensen440
07-30-2008, 1:46 PM
two weeks !!

WokMaster1
07-30-2008, 2:39 PM
more or less two weeks!;)

Librarian
07-30-2008, 2:50 PM
Comments embedded ... After Heller is incorporated onto the states how long until we can expect some reforms in California to loaded open carry and/or “shall issue” CCW?

not yet knowable

After incorporation will lawsuits need to be filed to allow loaded open carry or “shall issue” CCW?

almost certainly - and no guarantee of 'wins' on those issues, either

I cannot imagine the legislature all of a sudden accepting the Heller decision. If so, is it possible to anticipate 2-3 years for any real results?

again, unknowable. For an example, Heller(Parker) originally filed in February 2003. The DC Circuit opinion came out in March, 2007 - four years later.

fatirishman
07-31-2008, 1:26 AM
1983. 1983. 1983. (For those unfamiliar with the reference, it is the the section of the U.S. Code - 42 U.S.C. 1983 - which allows for civil actions based upon denial of rights under color of law.)

Because of the case law that has built up around 1983, it is one of the relatively few ways to get a court to issue a statement of law as such; while damages are unlikely (not "clearly established law") it is a decent route into court. NB: Although a federal subject matter, it can be brought in state court - as a tactical matter, I tend to favor making them remove it.