mr. clement also received earlier about the robertson v. baldwin. we have to look at how heller defines the second amendment. he tells us the right to bear arms as using the second amendment is to wear, bear or carry upon the person or in the clothing or in a pocket. for the purpose of being armed and ready. those are two separate categories of carrying. upon the person, we can imagine is open carrying, or in the clothing or in a pocket. that sounds like concealment. so heller recognized in its definition of the term bear arms that concealed carry can in fact be one way of exercising that right. and then of course, as my colleague argued earlier the heller opinion made clear as did or opinions that the state can regulate the manner in which guns are carried. because the state can regulate the manner in which they are carried the state can tell people you may not open or conceal carry. we don't have a claim we are entitled to carry in any particular manner. my clients will take what they're given by the legislature. if the legislature says you can't

mr. clement, you have five minutes left. >> thank you, mr. chief justice and may please the court. court. let me start with the definition of legislature. we can point to our favorite quotes from the framers. they are at 27 and 34 and 35 of the blue brief. the critical thing is not what the framers meant by the legislature when you're talking broadly about political theory. what matters is when you're talking about assigning particular authorities in the constitution to particular components of the state government. in that context as the number of you pointed out there is no doubt, every time they assign an authority to the state legislature, they were assigned the authority to the representative body of the people. that takes us to the smiley case. if the definition of legislature in the smiley case is what this case turns on then with all due respect to my friends on the other side, we win. because smiley specifically talked, as justice breyer alluded to, the body question. and it defined the body. what it said is quote, i'm quoting from smiley not yates or anything else. i'm qu

mr. clement, we will give you three minutes. >> thank your honor. i have three minutes. i think i 3.5% think is the most important because if i heard the other side correctly they can see the second amendment applies outside the home and either conceited or claim perilously close to conceding that a ban on both open carry and conceal care would be unconstitutional. so then the question then becomes very important is the scope of open carry kinder california law. mr. dumont you an accurate half the store but i wanted to the other half of the story which is under the new law you have open carry prohibited in the cities which is what they want to talk about but then he also told you it's prohibited in the prohibited areas of the unincorporated parts of the county. now, that means the keyword is prohibited areas come and that is defined in the penal code at 17303 of today's opening anywhere you can't discharge a firearm. the problem is that's almost everywhere. that's the streets, anywhere near a dwelling or an unoccupied dwelling or a car or an unoccupied car. so please don

mr. clement in terms of the procedural status of paruda at this point, since the sheriff chose not to appeal and now the state's going to be making an argument here and has asked to intervene, is paruda a difficult vehicle now in terms of we have the surrounding cases, we have preato and we're holding in abeyance baker can paruda be decided the same without the sheriff here? >> i think it can be decided the same. that might depend ultimately on how the the state resolves the state's motion to interview. we don't have an issue with the state being here to ent convenient to defend -- to get involved in this case. we do take issue with them being here under the prong of rule 24 that justifies them being here as of right because of a federal statute. we don't think that properly understood our challenge calls into question the constitutionality of the california statutes for the reasons that i think i've already elaborated. we don't have a beef with those statutes. if my client was so fortunate as to live in sacrament open county there would be no objection to what the state has done. the object

mrs. pinckney on a daily basis. as clemente's wife and everything, i will tell you she has been amazing in this entire process. words cannot describe the deep grief that his family has been suffering from. the senate has responded, and jennifer has been our strength around us. accompanying her today, i say this is senator pinckney's real best friend from childhood, brothers in christ they came through the ministry together. he told me that this guy could preach the paint off the wall. and middleton is a pastor that has gone through college with him. gone through the ministry with him. they have been together almost 30 years. so he was a person that he talked to on regular basis. and our discussions, jennifer wanted to be able to come today to thank the senate. she wants to thank everyone here. mr. president, the president pro tempore has given us great latitudes with the body, and has signed on to get the portrait hung. the senator from cherokee without hesitation, has allowed us to lie in state. he is on the committee, and there

clement. >> they weren't having mr. chen back after all that. >> i talked to a lawyer for one of the legal clinics who said, we should have just said we were representing him and taken the case. the guy was gone. >> in addition to briefs that are written in sort of half german, like the one that you wrote about tony, the court, itself, has had some stuff and opinions this year that seem to be pushing the edge of legal writing. in yates against the united states. kagan cited dr. seuss "one fish two fish, red fish, blue fish," for the proposition that a grouper is a tangible object. in the spiderman case, she cited spiderman comics and quoted from them. is the court just getting more informal sort of across the board? is kagan an outlier on this? is that sort of changing the atmosphere around there? >> the chief justice seems to be picking up a little bit in that writing style in a case that was decided monday. the case said what chumps, exclamation point. scalia is still the world leader. i think the justice made up the

mrs. pinckney on a daily basis, and as clemente's wife, his everything, i would tell you that she has been amazing in this entire process. words cannot describe the deep grief that this family has been suffering from. the senate has responded and jennifer has been our strength around us, accompanying her today is -- i say this is senator pinckney's real best friend from childhood, brothers in christ, they came up through the ministry together, and he's the person that clemente told me, this guy can preach the paint off the wall, malloy, and middleton is a pastor and has gone through college with him and gone through the ministry with him, and they have been together, i think they told me somewhere around almost 25 to 30 years, so he was a person that he talked to on a regular basis. in our discussions, jennifer wanted to be able to come today and thank this senate. she wants to thank everybody here, mr. president the president pro tem has given us great latitudes with the body and has signed on and helped us get the portrait hung, and senator from cherokee, without hesitation has allowed u

mrs. pinckney on a daily basis, and as clemente's wife, his everything, i would tell you that she has been amazing in this entire process. words cannot describe the deep grief that this family has been suffering from. the senate has responded and jennifer has been our strength around us, accompanying her today is -- i say this is senator pinckney's real best friend from childhood, brothers in christ, they came up through the ministry together, and he's the person that clemente told me, this guy can preach the paint off the wall, malloy, and middleton is a pastor and has gone through college with him and gone through the ministry with him, and they have been together, i think they told me somewhere around almost 25 to 30 years, so he was a person that he talked to on a regular basis. in our discussions, jennifer wanted to be able to come today and thank this senate. she wants to thank everybody here, mr. president the president pro tem has given us great latitudes with the body and has signed on and helped us get the portrait hung, and senator from cherokee, without hesitation has allowed u

mr. president and members of the senate, we are saddened by the loss of one of our senate members, senator clemente opinion pinckney but at the same time one of our lobbyist friends lost her sister patty pierce lost her sister, and if the clerk would please read. >> please read the resolution. >> expressioned the profound sorry of the south carolina senate for the death of leslie an pierce of columbia and extend the deepest sympathy and many of her friends and the senate was saddened to learn of the untimely death of leslie pierce that passed away on june 28th 2015, as the age of 49 and born on december 24th 1965, leslie was the daughter of the late george amos jr., and we are asked despite having suffered a car crash, she led a productive life. she was an accomplished artist and helped make columbia and its arts museum a welcoming place for so many to enjoy art and music. her courageous attitude and positive outlook were an inspiration to all who knew her, and she had a gift to make each person around her feel special, and she welcomed them with a smile and generous attitude and never met a strang