For the current status of my appeal Click Here.
My Reply Brief is Due on April 3, 2017 (it will be filed much sooner).
Once my brief is filed then my appeal is “fully briefed” and ready to be assigned to a three judge panel if my petition for my appeal to be initially heard before an en banc eleven judge panel is denied.
Appeals are given a priority based on when the appeal was filed and not when the appeal became fully briefed. My appeal was filed on May 27. 2014 but stayed because of the Peruta v. San Diego concealed carry lawsuit. The now vacated stay of my appeal coupled with my filing date puts my appeal at the head of the line once it is fully briefed. The Court of Appeals is already hearing and deciding Second Amendment cases which were filed long after my appeal was filed.
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:
- In the curtilage of our homes (which for nearly everyone in the state means all of our residential property).
- 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.
- 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 3169 days since District of Columbia v. Heller was published!
It has been 2437 days since McDonald v. City of Chicago was published!
It has been 2105 days since I announced my decision to file a California Open Carry lawsuit!
It has been 1917 days since my California Open Carry lawsuit was filed!
It has been 1008 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