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The Redondo Beach police did not arrest or cite me but they did seize my shotgun (without a warrant) and said that they were referring my violation of the city's ordinance to the city attorney and city prosecutor.
KTLA-TV reported that I am to be charged with a misdemeanor and face up to six months in jail.
Other than that it was a wonderful protest. I had about a dozen supporters and as many members of the press in attendance. Which was a good thing. I suspect the police would have acted quite differently had I been alone.
The good news is I no longer have to argue with the judge as to whether or not I have legal standing to challenge either California's 1967 ban on Loaded Open Carry or the City of Redondo Beach's Open Carry ban. Once they enforced the state statute on me by doing the “e-check” despite my refusal (taking the shotgun to see if it was unloaded) any question of legal standing to challenge the state law was removed.
Once they confiscated my shotgun, it also gave me legal standing to challenge the city ordinance banning Open Carry as well.
I am now amending my lawsuit and will file it within two weeks.
If I am arrested, which is likely, I will make bring a Second Amendment challenge to my arrest in state court as well.
All I need is for one judge anywhere to issue simply a declaration against either the state or Redondo Beach, and it can be either against the state's ban on Open Carry or the city ordinance.
Once a judge issues a declaration that there is a right guaranteed by the Second Amendment (or common law) to openly carry a loaded firearm in public, every police officer or law enforcement agent in the state loses his qualified immunity from civil prosecution.
I thank all of you who were able to donate. I also would like to thank everyone who came out to support me, not forgetting three wonderful folks who were present and who offered to post my bail.
With warmest regards,
Charles Nichols
While this was last minute notice, several Sons of Liberty LA were able to get to Redondo Beach on a Monday afternoon and support him. We flew the flags and explained to people that Charles was out there because the city of Redondo Beach thinks it has authority to throw out our Constitution! We will schedule an event to come down and call out the City Council for their violations of their oaths of office, their Pledges of Allegiance and their violations of our rights.
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