Thirty-one states allow the open carrying of a handgun without any license or permit, and only 5 States (California, Florida, Illinois New York, and South Carolina), as well as the District of Columbia, generally prohibit people from openly carrying handguns in public places.
We the People have an Unalienable Right to self defense. The government has no duty to protect the individual from crime or violence. Tyrannical governments have caused the death of more of their own people than all of the wars in history.
In 1967 California banned the open carry of a loaded weapon contrary to every principle of Liberty. Further in 2012 and 2013 the California Legislature with AB 147 and AB1527 banned the open carry of unloaded weapons. More recently, California’s laws AB109, (release of prisoners) Prop. 47 (Reduced Penalties for Crimes) and SB 54 (Sanctuary State) has released criminals and felons into our counties, while illegal immigrants are allowed to enter our state undeterred. Even if the government had a duty to protect, there are not enough police or deputies in order to be on duty everywhere, all the time. With very few exceptions, we find ourselves deprived of any meaningful way to defend ourselves, our families or our community.
The U.S. Supreme court has unequivocally stated in McDonald v Chicago and Heller v District of Columbia that the “open carry of a loaded weapon is the core right protected under the 2nd Amendment. The Ninth Circuit has affirmed in Young v Hawaii that the core right protected under the 2nd Amendment is the open carry of a loaded weapon and that right extends beyond the home and into public areas.
California Penal Code Section 26150 (b)(2) states that the Sheriff of a county with a population of less than 200,000 people may issue a permit for the open carry of a loaded weapon, to a person upon proof of all of the following:
1) The applicant is of good moral character.
2) Good cause exists for issuance of the license.
3) The applicant is a resident, or his place of business or employment is in the county and he spends a substantial amount of time there.
4) The license is to carry an exposed pistol or revolver capable of being concealed. (no rifles.)
It is abhorrent to have to ask permission to exercise a Right given to us by God; however it is for the moment the only recourse. Ask our Sheriff “Will you issue 26150(b)(2) permits?” If not...Why Not?
David Titchenal is third generation Tuolumne County and an avid student of the American Revolution and the founding of our country.