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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 05-08-2013, 10:42 AM
denvercg denvercg is offline
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Default Legal carry options in California

The California penal code seems to state (I am no lawyer) that carry restrictions pertain to a person who is in a public place or an incorporated city, in a vehicle or on a public street.

Does this mean that it is legal for me to carry open/concealed when I am hiking, backpacking or in some other place not specifically listed as prohibited?
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Old 05-08-2013, 10:46 AM
LikeAllGuns LikeAllGuns is offline
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I would like to hear the answer... National Forest? BLM?
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Old 05-08-2013, 10:56 AM
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NO OPEN CARRY IN CA. Unless you are hunting...better have a license and tag, and don't forget your non-leaded ammunition.

without a CWP your options are ULCC, Unloaded, Locked Concealed Carry.

I like the Allen locking soft pistol cases.
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Old 05-08-2013, 11:02 AM
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Hunting game other than waterfowl (ducks, geese ect) requires non leaded ammunition?

Last I knew, that only applied to waterfowl and not other game such as deer, bear ect. However, I did hear there was plans to propose/ there was already proposed legislation to ban leaded ammunition for uses such as all hunting.
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Old 05-08-2013, 11:04 AM
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Quote:
Originally Posted by glockman19 View Post
NO OPEN CARRY IN CA. Unless you are hunting...better have a license and tag, and don't forget your non-leaded ammunition.

without a CWP your options are ULCC, Unloaded, Locked Concealed Carry.

I like the Allen locking soft pistol cases.
REALLY?....
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Old 05-08-2013, 11:16 AM
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You can legally open carry in any place that it legal to discharge your firearm.

BLM, NF are all good to go UNLESS, they have local restrictions in that area or part of that area. Its always a good idea to check ahead prior to going to those areas. In most of the state, on BLM or NF you can pretty much do whatever you want.

My understanding is that in certain places in Socal you may run into restrictions.
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Old 05-08-2013, 11:35 AM
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Quote:
Originally Posted by glockman19 View Post
NO OPEN CARRY IN CA. Unless you are hunting...better have a license and tag, and don't forget your non-leaded ammunition.

without a CWP your options are ULCC, Unloaded, Locked Concealed Carry.
FUD.

The ban does not apply in areas where the discharge of a firearm is not otherwise prohibited.
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Old 05-08-2013, 11:39 AM
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Quote:
Originally Posted by MustangSteveGT View Post
Hunting game other than waterfowl (ducks, geese ect) requires non leaded ammunition?

Last I knew, that only applied to waterfowl and not other game such as deer, bear ect. However, I did hear there was plans to propose/ there was already proposed legislation to ban leaded ammunition for uses such as all hunting.
The lead ammo ban currently applies to hunting in all areas within the California Condor habitat.

http://www.dfg.ca.gov/wildlife/hunti...rvationAct.pdf
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Old 05-08-2013, 11:47 AM
Southwest Chuck Southwest Chuck is offline
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Lots of FUD in this thread. OP, read the first 2 posts in this thread...
Firearms in Forests and Parks

FYI, From what he's posted, Mudcamper pretty much keeps these up to date.
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Last edited by Southwest Chuck; 05-08-2013 at 11:51 AM..
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Old 05-08-2013, 11:50 AM
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Quote:
Originally Posted by glockman19 View Post
NO OPEN CARRY IN CA. Unless you are hunting...better have a license and tag, and don't forget your non-leaded ammunition.

without a CWP your options are ULCC, Unloaded, Locked Concealed Carry.

I like the Allen locking soft pistol cases.
SEE MY SIGNATURE LINE

You might want to actually study up on the subject before spouting off incorrect information.

In California it is 100% legal to Open Carry in unincorporated areas where discharge of a firearm is not prohibited by law.

You cannot carry concealed unless you have a LTC, are on your way to or from hunting/fishing and are carrying unloaded, or are on private property (if that property is not fenced, you cannot carry loaded).

You cannot Open Carry on any public road or highway, so you basically can't even cross a street legally while Open Carrying.

Basically, anywhere you can legally open carry in So Cal, you can Loaded Open Carry.

There are also a myriad of exemption that would allow Open Carry, too many to go into here. Please look up what the actual law says.
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Old 05-08-2013, 11:58 AM
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Quote:
Originally Posted by Dutch3 View Post
The lead ammo ban currently applies to hunting in all areas within the California Condor habitat.

http://www.dfg.ca.gov/wildlife/hunti...rvationAct.pdf
I assume the OP was asking in relation to a self defense carry pistol when hiking? If so, (and please correct me if I'm wrong) the OP may carry lead self defense ammo in the Condor zone if not engaged in hunting, at least that was my understanding from another thread/post on the subject.
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I am humbled at the efforts of so many Patriots on this and other forums, CGN, CGF, SAF, NRA, CRPF, MDS etc. etc. I am lucky to be living in an era of a new awakening of the American Spirit; One that embraces it's Constitutional History, and it's Founding Fathers vision, especially in an age of such uncertainty that we are now in.
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Old 05-08-2013, 11:58 AM
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Quote:
Originally Posted by Decoligny View Post
You cannot carry concealed unless you have a LTC, are on your way to or from hunting/fishing and are carrying unloaded, or are on private property (if that property is not fenced, you cannot carry loaded).
You can certainly carry concealed on private property or public property while hunting/fishing whether its fence or not.
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Old 05-08-2013, 12:02 PM
Southwest Chuck Southwest Chuck is offline
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Quote:
Originally Posted by taperxz View Post
You can certainly carry concealed on private property or public property while hunting/fishing whether its fence or not.
This ^^^
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Originally Posted by Southwest Chuck View Post
I am humbled at the efforts of so many Patriots on this and other forums, CGN, CGF, SAF, NRA, CRPF, MDS etc. etc. I am lucky to be living in an era of a new awakening of the American Spirit; One that embraces it's Constitutional History, and it's Founding Fathers vision, especially in an age of such uncertainty that we are now in.
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Go cheap you will always have cheap and if you sell, it will sell for even cheaper. Buy the best you can every time.
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Old 05-08-2013, 12:04 PM
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Quote:
Originally Posted by Southwest Chuck View Post
I assume the OP was asking in relation to a self defense carry pistol when hiking? If so, (and please correct me if I'm wrong) the OP may carry lead self defense ammo in the Condor zone if not engaged in hunting, at least that was my understanding from another thread/post on the subject.
YES!! The lead ban is for hunting only.
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Old 05-08-2013, 1:17 PM
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Quote:
Originally Posted by taperxz View Post
You can certainly carry concealed on private property or public property while hunting/fishing whether its fence or not.
You need to improve your reading comprehension skills.

Did you see any comma between the private property and the fence part in brackets? No, because it wasn't there.

The fence part referred to LOADED carry on private property, not to hunting/fishing.

You can legally carry concealed on an unfenced private property front yard, as the PC against concealed carry has an exemption for private property but does not have any language in reference to it being "a public area".

You CANNOT legally carry loaded on an unfenced private property front yard, at the PC against LOADED carry has an exemption for private property, but it does have a prohibition against carrying a LOADED firearm in any "public area". It has been determined through case law that any area that the public can access without having to go through a gate or climb a fence is a public area.

All of the above is moot if you are located in an area of unincorporated territory where discharge of a firearm is not prohibited by law.
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Old 05-08-2013, 1:38 PM
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Quote:
Originally Posted by Decoligny View Post
SEE MY SIGNATURE LINE

You might want to actually study up on the subject before spouting off incorrect information.

In California it is 100% legal to Open Carry in unincorporated areas where discharge of a firearm is not prohibited by law.

You cannot carry concealed unless you have a LTC, are on your way to or from hunting/fishing and are carrying unloaded, or are on private property (if that property is not fenced, you cannot carry loaded).

You cannot Open Carry on any public road or highway, so you basically can't even cross a street legally while Open Carrying.

Basically, anywhere you can legally open carry in So Cal, you can Loaded Open Carry.

There are also a myriad of exemption that would allow Open Carry, too many to go into here. Please look up what the actual law says.
Thanks for the lesson... ...my bad
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Old 05-08-2013, 1:43 PM
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I am glad the gimped UOC ban passed. I couldn't use it away, being encased in schools. I am hoping and want the challenge to be on Mulford. LOC should be the Constitutional standard.
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Old 05-08-2013, 2:25 PM
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Quote:
Originally Posted by Decoligny View Post
You need to improve your reading comprehension skills.





All of the above is moot if you are located in an area of unincorporated territory where discharge of a firearm is not prohibited by law.
You did not make that clear in your cough cough, expert analysis. AND you should have because that's the kind of place i live in and YOUR original blanket statement was wrong in assuming everyone lives in a city.
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Old 05-08-2013, 2:30 PM
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Quote:
Originally Posted by Decoligny View Post
You cannot carry concealed unless you have a LTC, are on your way to or from hunting/fishing and are carrying unloaded, or are on private property (if that property is not fenced, you cannot carry loaded).



There are also a myriad of exemption that would allow Open Carry, too many to go into here. Please look up what the actual law says.
Your myriad that you refuse to divulge really only pertain to law enforcement. so in reality, The exemptions are not for your average citizen.

What i put in bold is to simply show the incompleteness of what you said. Again, not everyone is a city dweller.
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Old 05-08-2013, 2:48 PM
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Quote:
Originally Posted by taperxz View Post
Your myriad that you refuse to divulge really only pertain to law enforcement. so in reality, The exemptions are not for your average citizen.

What i put in bold is to simply show the incompleteness of what you said. Again, not everyone is a city dweller.
Wow, I was really hiding the information.

The entirity of the California Codes are listed here for anyone actually interested in what the law actually says: http://www.leginfo.ca.gov/calaw.html


PRESS RELEASE: HIDDEN SECRET EXEMPTION TO PENAL CODE FINALLY MADE PUBLIC!!!!!

The areas that have been bolded do not pertain specifically to LEOs. You will see a whole lot of Bolded text below.

In the Penal Code it is titled:

"CHAPTER 6. OPENLY CARRYING AN UNLOADED HANDGUN"

PENAL CODE
SECTION 26361-26391

26361. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any peace officer or any honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.



26362. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person to the extent that person may openly carry a loaded handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.



26363. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun as merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.


26364. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.


26365. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using handguns upon the target ranges or incident to the use of a handgun at that target range.


26366. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while engaged in hunting or while transporting that handgun when going to or returning from that hunting expedition.

26366.5. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.


26367. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.


26368. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.


26369. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.

26370. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority.


26371. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when in accordance with the provisions of Section 171b.


26372. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person while engaged in the act of making or attempting to make a lawful arrest.



26373. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to loaning, selling, or transferring that handgun in accordance with Article 1 (commencing with Section 27500) of Chapter 4 of Division 6, or in accordance with any of the exemptions from Section 27545, so long as that handgun is possessed within private property and the possession and carrying is with the permission of the owner or lessee of that private property.


26374. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.


26375. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television or video production, or entertainment event, when the participant lawfully uses the handgun as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.


26376. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to obtaining an identification number or mark assigned for that handgun from the Department of Justice pursuant to Section 23910.


26377. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun at any established target range, whether public or private, while the person is using the handgun upon the target range.


26378. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.


26379. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following:
(a) Complying with Section 27560 or 27565, as it pertains to that handgun.
(b) Section 28000, as it pertains to that handgun.
(c) Section 27850 or 31725, as it pertains to that handgun.
(d) Complying with Section 27870 or 27875, as it pertains to that handgun.
(e) Complying with Section 27915, 27920, or 27925, as it pertains to that handgun.



26380. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.



26381. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.


26382. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to and at the request of a sheriff or chief or other head of a municipal police department.


26383. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when done within a place of business, a place of residence, or on private property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry openly an unloaded handgun within that place of business, place of residence, or on that private property owned or lawfully possessed by that person.


26384. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun if all of the following conditions are satisfied:
(a) The open carrying occurs at an auction or similar event of a nonprofit public benefit or mutual benefit corporation, at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(b) The unloaded handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(c) The unloaded handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26925, inclusive.



26385. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to paragraph (3) of subdivision (b) of Section 171c.


26386. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to Section 171d.


26387. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to subparagraph (F) of paragraph (1) subdivision (c) of Section 171.7.


26388. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun on publicly owned land, if the possession and use of a handgun is specifically permitted by the managing agency of the land and the person carrying that handgun is in lawful possession of that handgun.


26389. Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container.



26390. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances:
(a) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit.
(b) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit.
(c) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying is conducted in accordance with the terms and conditions of the permit.
(d) The open carrying of an unloaded handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit.



26391. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when done in accordance with the provisions of subdivision (d) of Section 171.5.
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Last edited by Decoligny; 05-08-2013 at 2:52 PM..
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Old 05-08-2013, 2:52 PM
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Quote:
Originally Posted by Decoligny View Post
Wow, I was really hiding the information.

PRESS RELEASE: HIDDEN SECRET EXEMPTION TO PENAL CODE FINALLY MADE PUBLIC!!!!!

The areas that have been bolded do not pertain specifically to LEOs. You will see a whole lot of Bolded text below.
Already read it a ton of times. Very few of the exceptions pertain to your average person when in city limits as i previously stated.
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Old 05-08-2013, 3:45 PM
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So one could, if so inclined, concealed loaded carry on Random Beach Pier while there fishing? Or, since you probably can't discharge a firearm in a public place like that would it be illegal?
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Old 05-08-2013, 4:02 PM
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... I am hoping and want the challenge to be on Mulford. LOC should be the Constitutional standard.
There has been some extensive discussion on this. Failure of any of the licensed CC cases currently in the pipeline will leave us with no other approach to flesh out "bear" in the courts as in regards to the Second Amendment. Starting a case NOW with a competent team or organization seeking LOC would give us a backstop, a defense in depth contingency just in case the current approaches fail to judicially secure a meaningful right to bear arms in public.
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