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Old August 21, 2012, 08:49 PM   #362
Charles Nichols
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Join Date: April 23, 2012
Posts: 20
Facial versus As Applied versus no challenge

The SAF/CalGuns concealed carry case (Richards v Prieto) is a Facial challenge, it will lose. The NRA/CRPA concealed carry case does not challenge the constitutionality of any California statute, it will lose.

Given nearly 200 years of precedents upholding prohibitions on concealed carry there is no way a Facial challenge will win. Not challenging the constitutionality of any California statute means no case in controversy for the courts to hear.

Jon Birdt's three lawsuits are all As-Applied challenges which happens to be the only type of challenge which can win.

And Birdt only needs to win one of his cases.
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