Let me begin to say that I am not a lawyer, but I do have my many years of understanding the law when it comes to the second amendment of the United States Constitution. Will your trial judge have the balls to actually follow the constitution rather than cater to those leftist people who got him placed on the bench?
Should you find yourself arrested for carrying a concealed weapon in California, I promise you most lawyers don’t have a clue about the second amendment. They will walk you into a plea agreement most likely ending in your conviction of a misdemeanor. Here is a motion to dismiss that covers all the bases that would get you through the court. Not only would you file this but you’ll get a hearing and you’re going to have to argue this against an experienced prosecutor. Is it simple? I’m not going to suggest for a moment it is simple even for a lawyer. Here is the Motion:
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
The People of the State of California,
Plaintiff,
v.
Ted Savage,
Defendant.
Case No. [Insert Case Number]
MOTION TO DISMISS
COMES NOW the Defendant, Ted Savage, Pro Se, and respectfully moves this Court to dismiss the charges against him for carrying a firearm in an automobile pursuant to California Penal Code §25463, on the grounds that the statute and its application in this case violate the Second Amendment to the United States Constitution. This motion is supported by the following Memorandum of Points and Authorities.
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
The Defendant, Ted Savage, was arrested and charged with carrying a firearm in an automobile following a routine traffic stop, during which he voluntarily cooperated with law enforcement. The Defendant asserts that his conduct falls within the core protections of the Second Amendment, as interpreted by the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), McDonald v. City of Chicago, 561 U.S. 742 (2010), and New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022).
The statute under which the Defendant is charged impermissibly infringes upon the constitutional right to “keep and bear arms” for self-defense, and further, its enforcement is barred by the Supremacy Clause of the United States Constitution. Accordingly, this Court must dismiss the charges.
II. ARGUMENT
A. The Supremacy Clause Requires Dismissal of the Charges
The Supremacy Clause of the United States Constitution establishes that federal law is the “supreme Law of the Land,” and state laws in conflict with federal constitutional protections must yield. (U.S. Const. art. VI, cl. 2.) In McDonald v. City of Chicago, the Supreme Court held that the Second Amendment is fully applicable to the states through the Fourteenth Amendment. (561 U.S. at 750.) State statutes or their application that conflict with these constitutional protections are invalid.
California Penal Code §25463, as applied to the Defendant, conflicts with federal constitutional protections under the Second Amendment and is therefore unenforceable.
B. California’s Statute Imposes an Unconstitutional Restriction on the Right to Bear Arms
The Second Amendment states: “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.”
In Heller, the Supreme Court held that the Second Amendment guarantees an individual right to possess and carry firearms for self-defense. (554 U.S. at 595.) The Court emphasized that this right is “fundamental” and not limited to service in a militia. (Id. at 628.)
In Bruen, the Court established a framework for evaluating Second Amendment claims, holding that any restriction on the right to bear arms must be consistent with the “Nation’s historical tradition of firearm regulation.” (597 U.S. ___, slip op. at 15.) Restrictions lacking historical precedent are presumptively unconstitutional. (Id. at 25.)
California Penal Code §25463 criminalizes the act of carrying a firearm in an automobile without regard to whether the firearm is being carried for lawful purposes such as self-defense. This categorical prohibition lacks any historical precedent and fails under the Bruen standard.
C. The Defendant’s Conduct Is Protected by the Second Amendment
The Defendant’s act of carrying a firearm in his automobile falls squarely within the Second Amendment’s core protection of carrying arms for self-defense. The Supreme Court has consistently held that the right to bear arms includes carrying firearms in public for lawful purposes. (Heller, 554 U.S. at 628; Bruen, slip op. at 23.)
Absent a specific showing that the Defendant’s conduct posed a threat to public safety or was otherwise unlawful, the statute’s application in this case is unconstitutional under the Second Amendment.
D. The Statute Violates the Equal Protection Clause
In addition to infringing on the Second Amendment, the statute also raises concerns under the Equal Protection Clause of the Fourteenth Amendment by disproportionately impacting law-abiding citizens who seek to exercise their constitutional rights.
III. CONCLUSION
For the foregoing reasons, the Defendant respectfully requests that this Court dismiss the charges against him. California Penal Code §25463, as applied, violates the Second Amendment as interpreted by Heller, McDonald, and Bruen and is preempted by the Supremacy Clause of the United States Constitution.
DATED: [Insert Date]
Respectfully submitted,
[Name]
[Address]
[City, State, ZIP]
[Phone Number]
[Email Address]