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Press Releases

11/29/2016 - What Lies Ahead for the Second Amendment?

11/10/2016 - The Second Amendment and President Trump

10/03/2016 - A Federal 9th Circuit Judge Finally Finds a Right to Bear Arms in Public

9/28/2016 - Are You Protected by the Fourth Amendment if You Carry a Firearm?

9/20/2016 - Two Concealed Carry Cases Fire Blanks in U.S. Court of Appeals for the District of Columbia Circuit

9/8/2016 - Another Second Amendment Appeal Crashing and Burning in 9th Circuit

8/24/2016 - Concealed Carry Snake Oil and Kool-Aid Peddlers Leave Town for DC

8/18/2016 - The NRA Files Legal Challenge To California Open Carry Bans – But Not Really

8/17/2016 - The Battle for the Second Amendment Moves to Hawaii

8/15/2016 - There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

8/5/2016 - Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

7/15/2016 - God Save The US From The Second Amendment Lawyers

7/8/2016 - NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 - Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 - NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 - Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 - Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 - What’s Next for the Right to Carry Firearms in Public?

6/8/2016 - Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 - Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 - The Second Amendment and the Concealed Carry Problem

5/11/2016 - Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 - California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 - Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 - Has the NRA Come to Bury the Second Amendment or to Defend It? -

4/6/2016 - Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 - Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 - Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 - How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 - The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 - The Second Amendment - Checkmate in Four Moves?

2/10/2016 - Why California's Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 - Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 - The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 - Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 - Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 - HELP WANTED: Competent Second Amendment Lawyer - Inquire Within

11/9/2015 - The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 - Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 - National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 - The Future of the Second Amendment in California and Hawaii

8/25/2015 - Yes, America, the Second Amendment is a Universal Right!

8/14/2015 - Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 - The Future of Open Carry in California Looks Bright

6/16/2015 - State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 - The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 - Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 - NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 - Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 - Why the Second Amendment Keeps Losing in Court

5/2/2015 - Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 - The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 - Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 - An Open Letter to the Orange County Register's Editorial on Concealed Carry

4/03/2015 - Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 - Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 - The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 - Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 - California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 - California Concealed Carry Permits - The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

10/17/2014 - It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 - Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 - District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 - California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 - Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 - The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 - Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 - The non-repeal of D.C., Gun-Control

7/2/2014 - US Supreme Court Still Silent On Second Amendment

6/28/2014 - Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 - The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 - NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 - NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

Please donate $10, $25, $50 or $100 to the legal fund to restore your right to openly carry a loaded firearm in California.

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The Stay of My Appeal is Over!

My Opening Brief was Filed on November 9, 2016

The Answering Brief by Governor Brown and Attorney General Harris is Due on December 19, 2016

My Reply Brief is Due Two Weeks After That

 

On June 9, 2016, an en banc panel of the 9th Circuit Court of Appeals held that there is no right to carry a weapon concealed in public. The Court expressly stated that it did not decide whether or not there is a right to openly carry a firearm in public because that question was not before the court.  The NRA, CRPA, SAF, CalGuns.nuts Plaintiffs had insisted that states can, and must, ban Open Carry in favor of concealed carry.  

The so called gun-rights groups failed to uphold California’s Open Carry bans.

The 9th Circuit Court of Appeals en banc decision in Peruta v. San Diego/Richards v. Prieto leaves my lawsuit challenging California’s Open Carry bans as the last carry case standing here in the 9th Circuit as I am the only one who has squarely raised an Open Carry challenge against a state law which did not, and does not, seek to carry concealed in any shape or form and whose lawsuit is not limited to carrying handguns in public.

What Does my California Open Carry Lawsuit Seek to Achieve?

The simple answer is my lawsuit seeks to strike down California’s bans on the carrying of firearms openly for the purpose of self-defense in the following places:

  1.  In the curtilage of our homes (which for nearly everyone in the state means all of our residential property).
  2.  In and on our motor vehicles including in and on any attached camper or trailer regardless of whether or not they are used as a residence.
  3.  In non-sensitive public places.

To this end my lawsuit seeks, at a minimum, a permanent injunction against California’s 1967 ban on openly carrying loaded firearms in public as well as a permanent injunction against California’s two, recently enacted, bans on openly carrying unloaded firearms in public.  My lawsuit also contains an alternate challenge to the population and other restrictions on the issuance of licenses to openly carry loaded handguns.  A challenge conditional of IF the court upholds California’s two CCW laws.  My position is that the Open Carry right cannot be conditioned on a government issued permission slip.  Given that the en banc Peruta decision held that there is no right to carry a concealed handgun in public, under the 9th Circuit Court of Appeals current case law, both CCW laws should be struck down.  Should the court of appeals contrive some reason not to strike them down then my lawsuit demands that unrestricted handgun Open Carry licenses be granted with no qualification restrictions other than the person being issued the license is not prohibited under Federal or California law from possessing a firearm.

For a more in-depth status of my California Open Carry lawsuit click here where you will find a copy of my Complaint which is the legal document which tells the court what my lawsuit challenges and what it seeks to achieve and where you will find my Opening Brief on Appeal which tells the Court of Appeals what I seek from it.  The short version is that everything I sought in my Complaint I seek again in my Appeal.

It has been 3084 days since District of Columbia v. Heller was published!

It has been 2352 days since McDonald v. City of Chicago was published!

It has been 2020 days since I announced my decision to file a California Open Carry lawsuit!

It has been 1832 days since my California Open Carry lawsuit was filed!

It has been 923 days since the appeal of my California Open Carry lawsuit was filed!

 Mine is the only lawsuit seeking to restore Loaded Open Carry to California – Nichols v. Brown.

“Should the Open Carry movement become successful it will result in the greatest dissolution of government power since the collapse of the Soviet Union.” – Charles Nichols, President of California Right To Carry

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