CA first amendment carry case

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  • Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    I wonder how MD's "no guns within X (300?) feet of political demonstrations" law would fare if we ever get public carry sorted out.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    I wonder how MD's "no guns within 1000 feet of political demonstrations" law would fare if we ever get public carry sorted out.

    § 4-208. Note that you must be first be told to leave.

    (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:

    (i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and

    (ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,721
    § 4-208. Note that you must be first be told to leave.

    Correct.

    Also If you were carrying specifically as a form of protest, you could probably make a case. If you happened to be carrying at a protest, probably no way to make 1A hash. Which doesn’t mean it isn’t violating your 2A rights, but it wouldn’t be violating your 1A rights to be told you can’t carry a gun while protesting.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    Correct.

    Also If you were carrying specifically as a form of protest, you could probably make a case. If you happened to be carrying at a protest, probably no way to make 1A hash. Which doesn’t mean it isn’t violating your 2A rights, but it wouldn’t be violating your 1A rights to be told you can’t carry a gun while protesting.

    First things first, the 2nd like all other rights needs to be applicable outside the home.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Here you go friends. Take a look. Basically the guy wants to carry as a form of political protest over some Silicon Valley CEO





    https://www.scribd.com/document/406273128/Zeleny-CA-First-Amendment-Open-Carry-Case
    There's a lot of backstory on this guy on the internet. Not all flattering. He's very sharp though - and a Manurhin MR73 revolver expert. Has written lots of great material on them and frequently has some nice (expensive) examples for sale on GunBroker.

    Sent from my Pixel XL using Tapatalk
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,721
    First things first, the 2nd like all other rights needs to be applicable outside the home.

    That’d be real nice.

    Also, sorry, but 2A isn’t recognized in the home. Heller might have tried to say that, but many semi-autos are banned. “Features” are banned. Standard capacity magazines are banned. Guns with scary names or appearances are banned. On and on.

    Doesn’t sound like the 2A is observed even within your home.
     

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