Articles

11-10-2017 – The End of California Concealed Carry

10-15-2017 – Governor Brown Signs Bill Allowing Guns Inside of Gun-Free School Zones

10-12-2017 – Is There a Right to Keep and Bear Arms? 9th Circuit to Decide in 2018

9-12-2017 – NRA Open Carry Lawsuit Opposes Open Carry

9-3-2017 – Supreme Court Long Conference on September 25, 2017

8-14-2017 – A Declaration That Open Carry Is the Right

7-28-2017 – Transcript Released in NRA’s Fake Open Carry Lawsuit

7-24-2017 – 50th Anniversary of California’s Loaded Open Carry Ban

7-12-2017 – Can we Save Our Right to Keep and Bear Arms?

6-27-2017 – Supreme Court Decides to Wait for Another Second Amendment Case

6/15/2017 – The Evil Practice of Carrying Weapons Secretly

6/6/2017 – NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

6/2/2017 – The NRA Lost Another Second Amendment Appeal Today

5/29/2017 – Lead Plaintiff in Supreme Court Concealed Carry Appeal says Courts are Corrupt

5/23/2017 – Peruta Concealed Carry Lawsuit has Waited 2,768 Days – Supreme Court says Wait Longer

5/20/2017 – Second Amendment Case Peruta vs. California May Strike-Out at Supreme Court

5/03/2017 – Did the NRA Take a Dive in its Fake Open Carry Lawsuit?

5/01/2017 – Supreme Court Again Silent on Second Amendment

04/22/2017 – Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 – Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 – Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 – Justice Neil Gorsuch and the Second Amendment

3/29/2017 – The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 – Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

3/22/2017 – Supreme Court Justice Sotomayor Finally Recognizes the Second Amendment

3/13/2017 – Another Second Amendment Appeal Shot-Down by the 9th Circuit

3/10/2017 – US Supreme Court to Decide Concealed Carry Petition in Two Weeks

3/5/2017 – The Florida Supreme Court Just Handed The US Supreme Court a Second Amendment Case It Can’t Refuse

2/23/2017 – California Asks Supreme Court to Wait For Nichols v. Brown Open Carry Appeal

2/15/2017 – NRA Got Spanked for Valentine’s Day!

2/3/2017 – President Trump’s Supreme Court Nominee Neil Gorsuch

1/24/2017 -A Concealed Carry Case SCOTUS Can’t Refuse

1/23/2017 -President Trump’s Judicial Opportunity and Conundrum

1/13/2017 -NRA Tells Supreme Court Open Carry is Perverse

1/11/2017 – NRA Drops Supreme Court Concealed Carry Appeal

12/30/2016 – NRA Asks US Supreme Court To Hear Two Concealed Carry Lawsuits

12/10/2016 – National Concealed Carry Snake Oil Law Will Fail

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

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Links to 2A Oral Arguments

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Note – All of the cases to watch are now found in the tabbed pages.  As such, this page is unlikely to be updated.

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 – Here are the filtered audios from Wrenn and Grace v. DC where I tried to boost Judge Williams audio segments.

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 – Here is the audio from Matthew Grace v. DC 16-7067.

Update by Charles Nichols, President of California Right To Carry – September 20, 2016 – Here is the audio from Brian Wrenn v. DC 16-7025.

Update by Charles Nichols, President of California Right To Carry – August 8,  2016 – Here is the audio from NYSRPA v. NYC 15-638 Second Circuit Court of Appeals.

Update by Charles Nichols, President of California Right To Carry – April 5,  2016 – Here is the audio from the Machine-gun case out of the 3rd District Palmetto State Armory which took place yesterday:

Update by Charles Nichols, President of California Right To Carry – February 9,  2016 Here are the oral arguments heard today before a three judge panel which included Chief Circuit Judge Thomas.  The cases are Silvester v. Harris which seeks an exemption for CCW and/or COE holders from having to wait the entire 10 days to pick up a newly purchased handgun and Tracy Rifle and Pistol LLC v. Harris which seeks to strike down a California law from the early 1920s banning handgun signs at gun stores.

Update December 8, 2015 by Charles Nichols – President of California Right To Carry – Here are the oral arguments for Teixeira v. County of Alameda Appeal 13-17132

Update November 20, 2015 by Charles Nichols – President of California Right To Carry – Here are the oral arguments for the preliminary injunction appeal of a concealed carry case – Wrenn v. D.C. 15-7057 – One can never make a conclusion based on oral arguments but it sounds like all three judges think that the district court judge did not have jurisdiction in this case.  If the court of appeals so holds then this case will have to start all over again in the district court.

Update November 5, 2015 by Charles Nichols – President of California Right To Carry – Here are the oral arguments for 14-3312 & 14-3322 Ezell v. City of Chicago (Ezell II) in the 7th Circuit Court of Appeals.  One can never predict the outcome of a case based on oral arguments.  That said, all three judges were hostile to the City of Chicago.

Update October 15, 2015 by Charles Nichols – President of California Right To Carry – Here are the Sixth Circuit en banc oral arguments for 13-1876 Clifford Tyler v Hillsdale County Sheriffs Depart and DOJ.  Here is a link to the 3 judge panel opinion.  Although the question involves a person who was once involuntarily committed this case has broader applications as the 3 judge panel rejected the “interest balancing” from other circuits but nonetheless applied the two-step analysis of other circuits, including its own, in holding that Tyler had stated a valid Second Amendment claim.

Update June 16, 2015 by Charles Nichols – President of California Right To Carry – Here are the En Banc oral arguments for Peruta v. San Diego / Richards v. Prieto.

Update April 23, 2015 – Here is a link to Dick Heller v. DC No.: 14-7071 argued on 4/20/2015

Update March 26, 2015 – Stephen Kolbe v. Lawrence J. Hogan, Jr.  4th Circuit Court of Appeals.  Challenging Maryland law banning magazines over 10 rounds and many semi-automatic firearms.  Here is a link to the oral arguments.

Update January 23, 2015 – Yesterday, the case was taken under submission and oral arguments were heard in Friedman, et. al. v. City of Highland Park an appeal out of the 7th Circuit challenging a local ordinance of Highland Park, Illinois banning “assault rifles” and magazines that hold more than 10 rounds.  Listening to the oral arguments by the attorneys on both sides was like listening to fingernails on a chalkboard.  The only ones speaking for the Second Amendment were two of the three judges: Frank H. Easterbrook and Daniel Anthony Manion, both appointed by Ronald Reagan.  I highly recommend listening to the oral arguments.

Update November 21, 2014 – Here are the oral arguments to Leonard Fyock, et al v. City of Sunnyvale, et al, No. 14-15408

Here is a link to most of the briefs.

Update November 7, 2014 – Here are the oral arguments to Norman v. State.

Update October 21, 2014 – The oral arguments to the Bonidy v. USPS appeal #13-1374 can be found by clicking on the link here or the play button below.

Update October 9, 2014 – Oral arguments were held in Enos v. Holder today.  Here is a link.

Update July 15, 2014 – At this time, I am unaware of any scheduled oral arguments.

Update July 15, 2014 – The audio (mp3) of the oral arguments in the appeal of Dearth v. Holder is here.  Oral arguments took place on September 19, 2013.  The case involves the Federal residency requirement for the purchase of a firearm.

Update July 9, 2013 – The Second Circuit Court of Appeals upheld New York City’s high permit fees to keep a handgun in one’s home.  Here is a link to the decision in Kwong v. Bloomberg.

Update April 15, 2013 – The SAF/Alan Gura concealed carry lawsuit out of New York was denied cert this morning by the US Supreme Court (Kachalsky v. Cacase). That means there is now a bad, binding precedent in the 2nd Circuit and a precedent which can be cited in cases across the country. Every concealed carry case which has asked the Supreme Court to hear its appeal has lost.  So much for the SAF/CalGuns “secret plan” to win by losing.

Update March 22, 2013 – Here is a link to the oral arguments in Kwong v. Bloomberg which challenges New York’s outrageous license fees to keep a handgun in one’s home.

Update March 21, 2013 – Woollard lost in the 4th Circuit Court of Appeals.  Here is a link to the decision.

Update February 12, 2013 – Oral arguments were heard in Muller v. Maenza before the 3rd Circuit Court of Appeals, another SAF case where Alan Gura argued that states can ban Open Carry and therefore must issue concealed carry permits.  That argument hasn’t won him a single case and this one is no different. Here is a link to the oral arguments.

Update January 1, 2013 – Oral arguments were heard before the 5th Circuit Court of Appeals in NRA v. McCraw on December 3rd.  This case seeks concealed carry permits for 18-20 year olds.  Here is a link to the audio of the hearings.

Update December 10, 2012 – Oral arguments were heard before the 9th Circuit Court of Appeals in Mehl v Blanas.  Here is the link to the audio of the hearings.

Update December 6, 2012 – Oral arguments were heard today before the 9th Circuit Court of Appeals in three concealed carry cases, two from California and one from Hawaii. Here are the links to the audio from the hearings: Peruta v. San Diego, Richards v. Prieto, Baker v. Kealoha.

Update December 3, 2012 – It has been 90 days. Alan Gura did not file a Cert Petition with the US Supreme Court in Hightower v. Boston a concealed carry case in the 1st Circuit Court of Appeals. That means the loss is binding and final in the 1st Circuit.

Update November 27, 2012 – Kachalsky v. Cacase loses– Today, SAF/CalGuns lawyer Alan Gura lost another concealed carry case out of New York. The Second Circuit Court of Appeals held that there is no Second Amendment Right to carry a concealed handgun in public. Read the decision here.

Update October 27th, 2012 – Embody v. Ward, an Open Carry case from the Sixth Circuit Court of Appeals has just filed a Cert Petition to the US Supreme Court asking that the Plaintiff’s appeal be heard.  This is an appeal from a decision which granted immunity to a police officer who pointed a loaded shotgun and arrested a person who was legally carrying a handgun openly in a place where it was legal for him to be.  The SAF attorney Alan Gura joined with the Brady Bunch and filed an Amicus Brief opposing the Plaintiff’s right to openly carry a firearm.  The case is Embody v. Ward.  Here is a link to the decision and to the oral arguments.  Here is a link to the US Supreme Court docket #12-516 and here is a link to the cert petition to the US Supreme Court.  The cert petition was docketed on October 25, 2012. Cert Denied on December 3, 2012.

 

Update August 31st – Hightower v Boston Federal 1st Circuit Court of Appeals loses.

SAF/CalGuns lawyer Alan Gura creates another bad, losing precedent for concealed carry


Hightower v Boston– Although not a surprise for those of us who know how to read US Supreme Court decisions, specifically Robertson and Heller; the 1st Circuit Court of Appeals joins the 9th Circuit Court of Appeals in holding that the dicta in Heller is meaningful. Note that the court observed that Hightower never applied for a Class B Open Carry License.There is no remand back to the District Court for a “do over.” The 1st Circuit denied an en banc appeal.  Gura has 90 days to file a Cert Petition to the US Supreme Court. Gura did not file a Cert Petition.  The decision is binding and final in the 1st Circuit.  In the over four years since the Heller decision, the US Supreme Court has never heard a concealed carry appeal.

Quote:
In Heller, the Court explained that “the right secured by the Second Amendment is not unlimited” and noted that “the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under Second Amendment or state analogues.” 128 S. Ct. at 2816. We have interpreted this portion of Heller as stating that “laws prohibiting the carrying of concealed weapons” are an “example[] of ‘longstanding’ restrictions that [are] ‘presumptively lawful’ under the Second Amendment.” United States v. Rene E., 583 F.3d 8, 12 (1st Cir. 2009) (quoting Heller, 128 S. Ct. at 2816-17 & n.26); see also Robertson v. Baldwin, 165 U.S. 275, 281-82 (1897) (observing that “the first 10 amendments to the [C]onstitution” protect rights that are “subject to certain well-recognized exceptions” and stating, in dicta, that the Second Amendment right “is not infringed by laws prohibiting the carrying of concealed weapons”). Licensing of the carrying of concealed weapons is presumptively lawful, and Hightower makes no serious argument to the contrary.

A link to the decision published today is here.

David Mehl v. Lou Blanas, No. 08-15773, a concealed carry case was just taken under submission in the 9th Circuit Court of Appeals.  The oral arguments were heard by judges Schroeder, Berzon and Roth way back in June of 2009 which was a year before the US Supreme Court McDonald decision was released. Assuming that none of the parties files any additional supplemental briefs we could have a decision in a couple of months because, unlike the Peruta/Richards/Baker cases, Mehl is an “as applied” challenge to California’s concealed carry statute.  A companion case by the same attorney was stayed until December 5th, 2012 – Rothery v. Blanas now named Rothery v. County of Sacramento. Here is a link to an audio of the oral arguments heard on December 10, 2012.  Case lost in an unpublished opinion of July 8, 2013.

Peterson v. LaCabe is a concealed carry case.  The Plaintiff (Gray Peterson) tried to save his case at the last moment by reluctantly saying he would openly carry if that were the only option available.  Gray Peterson is a gay, concealed carry activist from Washington state who is also a forum moderator for CalGuns.nuts – the most vocal opponents of Open Carry in the state.  Peterson is also the moderator for OpenCarry.org owned by John Pierce!  Why is an opponent of Open Carry a moderator for a website that claims to support Open Carry?  Good question.  Peterson screwed his own case so much the 10th Circuit Court of Appeals had to hold two sets of hearings.  Here is the first set of oral arguments which was held on November 17, 2011.  Here is the second set of oral arguments held on March 19, 2012.  10th Circuit bitch slapped Peterson on February 22, 2013.  

Hightower v. Boston a concealed carry case.  Oral arguments were heard in the 1st Circuit Court of Appeals on June 6, 2012.  Appellate court affirmed dicta in Heller saying no right to carry a concealed weapon in public on August 30, 2012Gura did not file a Cert Petition.  The decision is binding and final in the 1st Circuit. 

Moore v. Madigan and Shepard v. Madigan challenge several Illinois statutes which prohibit the carrying of loaded firearms in public (openly or concealed).  Oral arguments were combined for the two cases and heard in the 7th Circuit Court of Appeals on June 8, 2012. Decision striking down Illinois’ carry bans published on December 11, 2012.

Kachalsky v. Cacase  was heard before the 2nd Circuit Court of Appeals.  Although the SAF is arguing for concealed carry, the district court judge in this case out of New York said his decision applied to Open Carry as well.   Oral arguments were heard on  August 22, 2012.  November, 27 2012 The Second Circuit Court of Appeals issues a decision upholding the lower court finding that there is no right to carry a concealed handgun in public and possibly any handgun in public. Click here to read the decision.  Gura filed a cert petition with the US Supreme Court on January 8, 2013 -> docket page.  Cert Petition denied on April 15, 2013.

 Muller v. Maenza was heard before the 3rd Circuit Court of Appeals on February 12, 2013. It is another SAF case where Alan Gura argued in the lower court that states can ban Open Carry and therefore must issue concealed carry permits.  That argument hasn’t won him a single case and this one is no different. At the tail end of the oral arguments before the Court of Appeals he said his case wasn’t about concealed carry, it was about bearing arms in public.  That didn’t work in the 1st Circuit and it probably won’t work here as well.  The 3rd Circuit will likely note that Gura did not challenge New Jersey’s Open Carry ban and base their decision on Heller’s dicta stating that states can ban concealed carry.  Here is a link to the oral arguments.  Ironically, New Jersey’s handgun carry licenses to not differentiate between concealed and open carry.  A fact that Alan Gura should have trumpeted from the roof tops.  Now renamed to Drake v. Filko, the 3rd Circuit affirmed the loss at the trial court.  It remains to be seen if the SAF is going to appeal to the US Supreme Court.

Woollard v. Sheridan was heard before the 4th Circuit Court of Appeals.  Maryland handgun carry licenses do not distinguish between concealed and open carry. The Federal District Court judge in issuing an injunction against the “good cause” requirement said he was not commenting on the constitutionality of concealed carry.  Open Carry is the right guaranteed by the US Constitution according to the US Supreme Court which also said that concealed carry can be prohibited.  Oral arguments were heard on October 24th.

 

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