Assert Our Constitutional Right to Carry Firearms in California

The Issue

As a staunch supporter of firearms, I deeply value the freedom that comes with being a citizen of the United States of America. This freedom includes our Second Amendment rights, which are currently being overlooked in the state of California. It is essential for us to remind our government and fellow citizens that we have a constitutional right to carry firearms.California's restrictive gun laws have been a point of contention for many years. Despite having one of the strictest gun control laws in the country, California still ranks 16th in firearm deaths per capita (source: CDC). This suggests that limiting law-abiding citizens' access to guns does not necessarily lead to safer communities.

Moreover, the California State Constitution does NOT recognize the Right of the people to "keep" and "bear" arms without restrictions. You must have a background check in all 50 states mandated by federal law. Nonetheless, in California, you must also have a firearm license and you cannot carry your firearm on your hip unless you have a CCW Permit and its concealed. You can carry your firearm in a CA DOJ Complaint safe lock case and the magazine/clips are separated from the firearm in your car or home. But what good does that do you when you're not in your car or at your house?

From a legal perspective this is a violation of one's Right to protect their life under Title 1 Sec 1 of the CA State Constitution. The Supreme Court also ruled that police officers do not have an obligation (duty) to protect you.

Murdock v. Penn., 319 US 105; "No state shall convert a liberty into a privilege, license it, and attach a fee to it."

Our 2nd Amendment is a Right, NOT a 'need' or 'want'. This Right is to protect our nation from tyrannical governance, NOT hunting or sport. Our Founding Fathers didn't come back from a hunting trip and draft the US Constitution. They saved an entire nation from being overran by dictators, tyrants, and criminals. They did NOT write a Bill of "needs" & "wants". They wrote a Bill of RIGHTS! Now, we face fascism, socialism, and communism online and in the streets of California.

A constitutional right to carry is the most logical law we can have. Wear it how you want. Want to conceal it? That's your 4th Amendment right to do so. Want to display it openly in a proper holster, that's your 1st Amendment Right under "freedom of expression" to do so. 

If we can get some type of waivers in play for those less fortunate; then we can talk about restrictions. But as it stands, owning vs carrying any firearm in the State of California is a conflict of each and everyone's Right to Life, Liberty, and Property with equal protection under the law.

I understand safety, I understand training, and I understand responsibility. Our goal is not just about carrying firearms; it's about preserving our constitutional rights and freedoms as American citizens. We believe it is crucial for every citizen living in Monterey County, CA, USA - and indeed all Californians - to be aware and informed about their constitutional rights.

We call on local government officials and lawmakers at all levels across California to acknowledge our Constitutional rights openly and take steps towards less firearm regulations.

Knowledge is power. 

The law on firearms should be as simple as American Apple Pie. Here's a draft that I wrote that seems to fit the best under the law. 

(DRAFT to Add the Constitutional Carry Right to Keep and Bear Arms after Section 1.1 - Add Section 1.2 to Article 1 - Declaration of Rights) 

CALIFORNIA STATE CONSTITUTION

Article 1 - Declaration of Rights:

Section 1.2: Constitutional Carry Right - A well regulated militia being necessary to the security of a Free state, the right of the people to keep and bear arms, shall not be infringed. 

Sec. 1.2(a): "Well Regulated" - Background checks. "Militia" - The Residents of California - State ID. "Keep" - (18+) Rifles/Shotguns (21+) Handguns. "Bear Arms" - Constitutional Carry loaded or unloaded firearms, secure hoslter and/or secure strap, openly or concealed in public spaces where Sec. 1.2(c) is not posted. 

Sec. 1.2(b): Unlawful Carrying of Firearm by Holder - Under the influence of drugs (defined by state law) and/or alcohol while bearing arms (Sec. 1.2a), felony charges will be applied, minimum bail of $1000 fine, or up to 1 year in a state prison.

Sec. 1.2(c): Use Texas code - https://law.justia.com/codes/texas/2022/penal-code/title-10/chapter-46/section-46-035/

Sec. 1.2(d): Proper signage must be posted and visible to the public.

Sec. 1.2(e): A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own Federal and/or State government. 

Sec. 1.2(f) US Federal and/or State ID required for background check process when purchasing ammunition and/or firearms.

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The Issue

As a staunch supporter of firearms, I deeply value the freedom that comes with being a citizen of the United States of America. This freedom includes our Second Amendment rights, which are currently being overlooked in the state of California. It is essential for us to remind our government and fellow citizens that we have a constitutional right to carry firearms.California's restrictive gun laws have been a point of contention for many years. Despite having one of the strictest gun control laws in the country, California still ranks 16th in firearm deaths per capita (source: CDC). This suggests that limiting law-abiding citizens' access to guns does not necessarily lead to safer communities.

Moreover, the California State Constitution does NOT recognize the Right of the people to "keep" and "bear" arms without restrictions. You must have a background check in all 50 states mandated by federal law. Nonetheless, in California, you must also have a firearm license and you cannot carry your firearm on your hip unless you have a CCW Permit and its concealed. You can carry your firearm in a CA DOJ Complaint safe lock case and the magazine/clips are separated from the firearm in your car or home. But what good does that do you when you're not in your car or at your house?

From a legal perspective this is a violation of one's Right to protect their life under Title 1 Sec 1 of the CA State Constitution. The Supreme Court also ruled that police officers do not have an obligation (duty) to protect you.

Murdock v. Penn., 319 US 105; "No state shall convert a liberty into a privilege, license it, and attach a fee to it."

Our 2nd Amendment is a Right, NOT a 'need' or 'want'. This Right is to protect our nation from tyrannical governance, NOT hunting or sport. Our Founding Fathers didn't come back from a hunting trip and draft the US Constitution. They saved an entire nation from being overran by dictators, tyrants, and criminals. They did NOT write a Bill of "needs" & "wants". They wrote a Bill of RIGHTS! Now, we face fascism, socialism, and communism online and in the streets of California.

A constitutional right to carry is the most logical law we can have. Wear it how you want. Want to conceal it? That's your 4th Amendment right to do so. Want to display it openly in a proper holster, that's your 1st Amendment Right under "freedom of expression" to do so. 

If we can get some type of waivers in play for those less fortunate; then we can talk about restrictions. But as it stands, owning vs carrying any firearm in the State of California is a conflict of each and everyone's Right to Life, Liberty, and Property with equal protection under the law.

I understand safety, I understand training, and I understand responsibility. Our goal is not just about carrying firearms; it's about preserving our constitutional rights and freedoms as American citizens. We believe it is crucial for every citizen living in Monterey County, CA, USA - and indeed all Californians - to be aware and informed about their constitutional rights.

We call on local government officials and lawmakers at all levels across California to acknowledge our Constitutional rights openly and take steps towards less firearm regulations.

Knowledge is power. 

The law on firearms should be as simple as American Apple Pie. Here's a draft that I wrote that seems to fit the best under the law. 

(DRAFT to Add the Constitutional Carry Right to Keep and Bear Arms after Section 1.1 - Add Section 1.2 to Article 1 - Declaration of Rights) 

CALIFORNIA STATE CONSTITUTION

Article 1 - Declaration of Rights:

Section 1.2: Constitutional Carry Right - A well regulated militia being necessary to the security of a Free state, the right of the people to keep and bear arms, shall not be infringed. 

Sec. 1.2(a): "Well Regulated" - Background checks. "Militia" - The Residents of California - State ID. "Keep" - (18+) Rifles/Shotguns (21+) Handguns. "Bear Arms" - Constitutional Carry loaded or unloaded firearms, secure hoslter and/or secure strap, openly or concealed in public spaces where Sec. 1.2(c) is not posted. 

Sec. 1.2(b): Unlawful Carrying of Firearm by Holder - Under the influence of drugs (defined by state law) and/or alcohol while bearing arms (Sec. 1.2a), felony charges will be applied, minimum bail of $1000 fine, or up to 1 year in a state prison.

Sec. 1.2(c): Use Texas code - https://law.justia.com/codes/texas/2022/penal-code/title-10/chapter-46/section-46-035/

Sec. 1.2(d): Proper signage must be posted and visible to the public.

Sec. 1.2(e): A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own Federal and/or State government. 

Sec. 1.2(f) US Federal and/or State ID required for background check process when purchasing ammunition and/or firearms.

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The Decision Makers

Tina M. Nieto
Former Monterey County Sheriff-Coroner
Glenn Church
Monterey County Board of Supervisors - District 2
Jeannine Pacioni
Monterey County District Attorney

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