Legal Question in Civil Rights Law in California

How do i make a case against the government? My second amendment rights are being "infringed". "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" -Second amendment. In the state of California it is illegal to have a magazine that has a capacity higher than 10 rounds. It is illegal to have my pistol in my vehicle or on my person. To me this is the clearest violation of the right of the people to KEEP and BEAR arms.

Thank You


Asked on 3/13/10, 10:37 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes; you, I, and many others believe the 2nd Amendment actually means what it says. Federal and state politicians have made over 20,000 laws and rules to the contrary, which are being systematically challenged in court by the NRA and related organizations, with notable success at the US Supreme Court and elsewhere. You could join and support the NRA and its local Members Councils if you want to help in litigation to change things, or you could fund your own litigation in a particular case where you have standing to sue. That is how many firearms rights cases start.

But understand, the 2nd Amendment is not an effective 'defense' to criminal charges at the trial court level, but it should be raised if you intend to appeal a conviction. If that is your situation, get a good criminal attorney, you'll need one. If convicted of a felony, you will lose your firearms rights.

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Answered on 3/18/10, 11:16 am


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