Articles

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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New York Carry Lawsuits

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As far as I have been able to determine, the State of New York does not prohibit the Open Carry of loaded long guns.  New York State does prohibit the carrying of loaded handguns without a permit and requires modern loaded handguns to be carried concealed.  New York law provides for a permit to carry loaded antique handguns without specifying the manner of carry but the last time I checked the permit application was not available at the state website.  This leaves unloaded antiques as the only handguns state law does not prohibit one from carrying in public.  There are several sites where people have claimed that some counties issue permits to openly carry modern, loaded handguns but they never say under what provision of New York law these handgun Open Carry permits are issued.

I know of only two lawsuits in New York which purport to strike down New York’s handgun Open Carry prohibition but neither of them makes much sense. One of them was finally dismissed and the other will likely go out the same way.

Taxi-ReverendJim

 





Libertarian Party of Erie County et al v. Cuomo et al

It has been 821 days since this case was filed!

It has been 483 days since the motion to dismiss was filed!

Many of the documents filed in this case can be downloaded for free here.

This lawsuit seeks to invalidate New York Penal Law 400.00 and New York Penal Law 265.00 apparently in their entirety.

The judge assigned to the case is Frank P. Geraci, Jr.  I read eight of his most recent decisions and they are what one would expect from an Obama nominee.

As much as I applaud their objective, their Complaint is unrealistic. For one thing, NYPL 265.00 is a section defining terms used in the NYPL including definitions for machine-guns and silencers. I don’t see how a declaration and injunction against NYPL 265.00 does anything for them.  NYPL 400.00 isn’t even the section which prohibits the Open Carry of handguns, antiques notwithstanding, and NY doesn’t prohibit the Open Carry of long guns which makes this a concealed carry in public case.

Also, I don’t know what the local rules regarding page limits are for this court but I was limited to briefs with maximum page limits of 5, 20 and 25 pages. It is impossible to challenge so many provisions of the law in so few pages.

They should have kept their case simple: 1) Challenge the permit requirement to own a handgun and 2) challenge the ban on openly carrying handguns, something which there is no permit requirement because none are available to private citizens.

UPDATE: A new Complaint has been filed.  As poorly written as the initial Complaint was, I am disinclined to spend good money downloading the Amended Complaint from PACER.

25 – Notice of Motion to Dismiss

26 – Memorandum in Support of Motion to Dismiss

29 – Opposition to Motion to Dismiss



Update by Charles Nichols, President of California Right To Carry – September 29,  2017 – Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – August 31,  2017 – Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – July 31,  2017 – Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – June 30,  2017 – Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – May 31,  2017 –  Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – April 30,  2017 –  Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – March 31,  2017 –  Nothing new.  Check back in a month.

Update by Charles Nichols, President of California Right To Carry – February 28,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 1,  2017 – A letter was filed with the court on January 23, 2017.  Sorry, it is 18 pages long and I don’t think this case is worth the $1.80 it would have cost me to download it from PACER.

Full docket text for document 32:
Letter from William Taylor, dated 1/13/2017, to Judge Geraci (KM)

Doc.
No.
Dates Description
32
Filed: 01/23/2017
Entered: 01/26/2017
Docket Text Letter

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – November 30,  2016 –  Nothing new.  Check back on December 31, 2016.

Update by Charles Nichols, President of California Right To Carry – November 15,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – October 31,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 30,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – August 31,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 25,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 8,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 1,  2016 – Memorandum and Declaration filed by the defendants.

Full docket text for document 30:
REPLY/RESPONSE to re [25] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION Reply Memorandum of Law filed by M. William Boller, Andrew M. Cuomo, Joseph A. D’Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman. (Taylor, William)

Full docket text for document 31:
DECLARATION signed by William J. Taylor, Jr., Assistant Attorney General re [30] Reply/Response, filed by M. William Boller, Andrew M. Cuomo, Dennis M. Kehoe, Eric T. Schneiderman, Joseph A. D’Amico, Matthew J. Murphy, III filed by M. William Boller, Andrew M. Cuomo, Dennis M. Kehoe, Eric T. Schneiderman, Joseph A. D’Amico, Matthew J. Murphy, III. (Attachments: # (1) Exhibit M)(Taylor, William)

Doc.
No.
Dates Description
30
Filed & Entered:   06/24/2016
Docket Text Reply/Response
31
Filed & Entered:   06/24/2016
Docket Text Declaration

Update by Charles Nichols, President of California Right To Carry – June 18,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 4,  2016 – An Opposition to Motion to Dismiss was filed yesterday.

Doc.
No.
Dates Description
29
Filed & Entered:   06/03/2016
Docket Text Memorandum in Opposition to Motion

Update by Charles Nichols, President of California Right To Carry – May 27,  2016 – An extension of time to file a response to the motion to dismiss was granted.

Full docket text for document 28:
TEXT ORDER GRANTING the Plaintiff’s unopposed request for an extension of time until 6/3/16 to file their response to the pending Motion to Dismiss [25]. Defendants may have until 6/24/16 to file any reply. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/23/16. (SCE)

Doc.
No.
Dates Description
28
Filed & Entered:   05/23/2016
Docket Text Text Order

Update by Charles Nichols, President of California Right To Carry – May 12,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – April 29,  2016 – As I expected, instead of the Defendants filing an Answer they filed a motion to dismiss.

25 – Notice of Motion to Dismiss

26 – Memorandum in Support of Motion to Dismiss

I did not download the Declarations for two reasons: 1) there are a lot of them which aren’t worth the expense of downloading and 2) the purpose of the declarations is lost on most people.

Full docket text for document 24:
ORDER granting defense counsel’s request, with consent, to file a joint 45-page memorandum of law in support of its anticipated motion to dismiss the amended complaint. Signed by Hon. Frank P. Geraci, Jr. on 4/21/2016. (KLH)

 

Doc.
No.
Dates Description
25
Filed & Entered:   04/29/2016
Docket Text Motion to Dismiss for Failure to State a Claim
26
Filed & Entered:   04/29/2016
Docket Text Memorandum in Support
27
Filed & Entered:   04/29/2016
Docket Text Declaration
24
Filed: 04/21/2016
Entered: 04/22/2016
Docket Text Order

Update by Charles Nichols, President of California Right To Carry – April 21,  2016 – The Defendants Answer is now due on April 29, 2016.

Full docket text for document 23:
ORDER granting defense counsel’s request, with consent, for an extension of time to file an Answer to the Amended Complaint. Defendants’ Answer is now due 4/29/2016.. Signed by Hon. Frank P. Geraci, Jr. on 4/4/2016. (MC)

Full docket text for document 22:
NOTICE of Appearance by William James Taylor, Jr on behalf of M. William Boller, Andrew M. Cuomo, Joseph A. D’Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman (Taylor, William)

Doc.
No.
Dates Description
23
Filed & Entered:   04/04/2016
Docket Text Terminate Deadlines
22
Filed & Entered:   04/01/2016
Docket Text Notice of Appearance

Update by Charles Nichols, President of California Right To Carry – March 31,  2016 – This lawsuit was filed last year in July of 2015 and has taken until this month for the Plaintiffs to serve the defendants, or two of them at least.

Doc.
No.
Dates Description
21
Filed & Entered:   03/18/2016
Docket Text Summons Returned Executed
20
Filed & Entered:   03/17/2016
Docket Text Summons Returned Executed

Update by Charles Nichols, President of California Right To Carry – February 5,  2016 – There is a new Complaint and a new schedule:

Docket Number 18: TEXT ORDER: Two Motions to Dismiss the Complaint [6], [14] are pending before the Court. Subsequent to the filing of those motions, Plaintiff filed an Amended Complaint, which is permitted under Fed. R. Civ. P. 15(a). It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect.Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994)(citation omitted). Because the original Complaint is no longer operative, the Defendants’ Motions [6], [14] to Dismiss the original Complaint are DENIED AS MOOT. The Defendants’ request, made with the Plaintiff’s consent, to extend the time to answer or otherwise move against the Amended Complaint until the later of either 2/19/16 or 30 days after all Defendants in this action have been served is GRANTED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/8/16.(SCE)

1:15-cv-00654-FPG Libertarian Party of Erie County et al v. Cuomo et al
Frank P. Geraci, Jr., presiding
Date filed: 07/21/2015
Date of last filing: 06/24/2016

History

 

Doc.
No.
Dates Description
30
Filed & Entered:   06/24/2016
Docket Text Reply/Response
31
Filed & Entered:   06/24/2016
Docket Text Declaration
29
Filed & Entered:   06/03/2016
Docket Text Memorandum in Opposition to Motion
28
Filed & Entered:   05/23/2016
Docket Text Text Order
25
Filed & Entered:   04/29/2016
Docket Text Motion to Dismiss for Failure to State a Claim
26
Filed & Entered:   04/29/2016
Docket Text Memorandum in Support
27
Filed & Entered:   04/29/2016
Docket Text Declaration
24
Filed: 04/21/2016
Entered: 04/22/2016
Docket Text Order
23
Filed & Entered:   04/04/2016
Docket Text Terminate Deadlines
22
Filed & Entered:   04/01/2016
Docket Text Notice of Appearance
21
Filed & Entered:   03/18/2016
Docket Text Summons Returned Executed
20
Filed & Entered:   03/17/2016
Docket Text Summons Returned Executed
19
Filed & Entered:   02/08/2016
Docket Text Affidavit of Service
Filed: 01/22/2016
Entered: 01/25/2016
Docket Text Summons Issued
18
Filed & Entered:   01/08/2016
Docket Text Order on Motion to Dismiss
17
Filed & Entered:   12/23/2015
Docket Text Amended Complaint
16
Filed & Entered:   12/08/2015
Docket Text Text Order
12
Filed & Entered:   12/03/2015
Docket Text Notice of Appearance
13
Filed & Entered:   12/03/2015
Docket Text Notice of Appearance
14
Filed & Entered:   12/03/2015
Terminated: 01/08/2016
Docket Text Motion to Dismiss
15
Filed & Entered:   12/03/2015
Docket Text Memorandum in Support of Motion
11
Filed: 11/19/2015
Entered: 11/20/2015
Docket Text Order
9
Filed & Entered:   11/17/2015
Docket Text Summons Returned Executed
10
Filed & Entered:   11/17/2015
Docket Text Summons Returned Executed
6
Filed & Entered:   11/06/2015
Terminated: 01/08/2016
Docket Text Motion to Dismiss
7
Filed & Entered:   11/06/2015
Docket Text Memorandum in Support of Motion
8
Filed & Entered:   11/06/2015
Docket Text Declaration
5
Filed & Entered:   11/05/2015
Docket Text Order
4
Filed & Entered:   10/07/2015
Docket Text Order
3
Filed: 08/10/2015
Entered: 08/11/2015
Docket Text Order
2
Filed & Entered:   08/06/2015
Docket Text Notice of Appearance
Filed & Entered:   07/22/2015
Docket Text Summons Issued
Filed & Entered:   07/22/2015
Docket Text Automatic Referral to Mediation
Filed & Entered:   07/22/2015
Docket Text Notice of Availability of Magistrate Judge
1
Filed & Entered:   07/22/2015
Docket Text Complaint

Update by Charles Nichols, President of California Right To Carry – November 30,  2015 – The judge issued an order accepting the proposed schedule.  Long story short, the briefing on the motion(s) to dismiss should be completed by January 13, 2016.

Doc.
No.
Dates Description
11
Filed: 11/19/2015
Entered: 11/20/2015
Docket Text Order

Update by Charles Nichols, President of California Right To Carry – November 8,  2015 – The Defendants filed a motion to dismiss, memorandum in support of motion to dismiss and a declaration on November 6, 2015.

Motion to Dismiss

Memorandum in Support of Motion to Dismiss

Defendants Declaration

Update by Charles Nichols, President of California Right To Carry – October 30,  2015 – The judge rubber-stamped (literally) another extension of time for the defendants to file a response.  This time to November 6, 2015

Update August 18, 2015 by Charles Nichols – President of California Right To Carry – On August 7, 2015 the Attorney General for New York sent a letter to the judge asking for an extension of time to October 9, 2015.  I am not familiar with the local rules for this court but according to the letter, this is what this particular judge requires.  Normally an extension of time is requested by a motion.  In any event, on the 15th the court granted an extension via a rubber stamp and his signature on the request letter.




 

1:15-cv-00654-FPG Libertarian Party of Erie County et al v. Cuomo et al
Frank P. Geraci, Jr., presiding
Date filed: 07/21/2015
Date of last filing: 01/23/2017

History

 

Doc.
No.
Dates Description
32
Filed: 01/23/2017
Entered: 01/26/2017
Docket Text Letter
30
Filed & Entered:   06/24/2016
Docket Text Reply/Response
31
Filed & Entered:   06/24/2016
Docket Text Declaration
29
Filed & Entered:   06/03/2016
Docket Text Memorandum in Opposition to Motion
28
Filed & Entered:   05/23/2016
Docket Text Text Order
25
Filed & Entered:   04/29/2016
Docket Text Motion to Dismiss for Failure to State a Claim
26
Filed & Entered:   04/29/2016
Docket Text Memorandum in Support
27
Filed & Entered:   04/29/2016
Docket Text Declaration
24
Filed: 04/21/2016
Entered: 04/22/2016
Docket Text Order
23
Filed & Entered:   04/04/2016
Docket Text Terminate Deadlines
22
Filed & Entered:   04/01/2016
Docket Text Notice of Appearance
21
Filed & Entered:   03/18/2016
Docket Text Summons Returned Executed
20
Filed & Entered:   03/17/2016
Docket Text Summons Returned Executed
19
Filed & Entered:   02/08/2016
Docket Text Affidavit of Service
Filed: 01/22/2016
Entered: 01/25/2016
Docket Text Summons Issued
18
Filed & Entered:   01/08/2016
Docket Text Order on Motion to Dismiss
17
Filed & Entered:   12/23/2015
Docket Text Amended Complaint
16
Filed & Entered:   12/08/2015
Docket Text Text Order
12
Filed & Entered:   12/03/2015
Docket Text Notice of Appearance
13
Filed & Entered:   12/03/2015
Docket Text Notice of Appearance
14
Filed & Entered:   12/03/2015
Terminated: 01/08/2016
Docket Text Motion to Dismiss
15
Filed & Entered:   12/03/2015
Docket Text Memorandum in Support of Motion
11
Filed: 11/19/2015
Entered: 11/20/2015
Docket Text Order
9
Filed & Entered:   11/17/2015
Docket Text Summons Returned Executed
10
Filed & Entered:   11/17/2015
Docket Text Summons Returned Executed
6
Filed & Entered:   11/06/2015
Terminated: 01/08/2016
Docket Text Motion to Dismiss
7
Filed & Entered:   11/06/2015
Docket Text Memorandum in Support of Motion
8
Filed & Entered:   11/06/2015
Docket Text Declaration
5
Filed & Entered:   11/05/2015
Docket Text Order
4
Filed & Entered:   10/07/2015
Docket Text Order
3
Filed: 08/10/2015
Entered: 08/11/2015
Docket Text Order
2
Filed & Entered:   08/06/2015
Docket Text Notice of Appearance
Filed & Entered:   07/22/2015
Docket Text Summons Issued
Filed & Entered:   07/22/2015
Docket Text Automatic Referral to Mediation
Filed & Entered:   07/22/2015
Docket Text Notice of Availability of Magistrate Judge
1
Filed & Entered:   07/22/2015
Docket Text Complaint

 




 

Lewis et al v. Schneiderman et al

Case Dismissed

Case Dismissed for Lack of Prosecution – Lewis et al v. Schneiderman et al

This lawsuit is much simpler than the Libertarian lawsuit.  This lawsuit merely, but importantly, challenges the permit requirement to keep a handgun in the home.  Here is the Complaint.  Note: As of November 30, 2015 (last checked April 21, 2016) there has been no activity in this case since July 24, 2015.  I am no longer tracking this case.

Just for laughs, I checked the docket on July 8, 2016 and to nobody’s surprise, there has been no new activity.

I checked the docket again on September 30, 2016 and found this:

Full docket text for document 2:
ORDER TO SHOW CAUSE Plaintiff shall show cause in writing why this case should not be dismissed for failure to effect service within 120 days and/or for failure to comply with the directives of the Court and/or for failure to prosecute. Show Cause Response due by 9/2/2016.. Signed by Hon. Frank P. Geraci, Jr. on 8/3/16. (SG)

The Show Cause Response was not filed.

I checked the docket again two months later on November 30, 2016, and discovered there hasn’t been any movement in the case.

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 – This case was dismissed.


 




1:15-cv-00668-FPG Lewis et al v. Schneiderman et al
Frank P. Geraci, Jr., presiding
Date filed: 07/23/2015
Date of last filing: 07/24/2015

History

 

Doc.
No.
Dates Description
Filed & Entered:   07/24/2015
Docket Text Case Assigned/Reassigned
Filed & Entered:   07/24/2015
Docket Text Notice of Availability of Magistrate Judge
Filed & Entered:   07/24/2015
Docket Text Automatic Referral to Mediation
Filed & Entered:   07/24/2015
Docket Text E-Filing Notification
1
Filed & Entered:   07/23/2015
Docket Text Complaint

 

Update by Charles Nichols, President of California Right To Carry – October 30,  2015 – This case was filed in July and absolutely nothing new has happened.  No filing of proof of service, nothing.  Had this been filed in the Federal Central District of California where my California Open Carry lawsuit was filed then this case would have been dismissed for failure to prosecute.

Update September 30, 2015 by Charles Nichols – President of California Right To Carry – There is something very odd with this case, the Answer to the Complaint has not been filed.  There is no record of a proof of service of summons having been served on the defendants.

Update September 13, 2015 by Charles Nichols – President of California Right To Carry – The Answer to the Complaint has not been filed.  There is no record of a proof of service of summons having been served on the defendants.

Update August 28, 2015 by Charles Nichols – President of California Right To Carry – The Answer to the Complaint has not been filed.  Normally an Answer is due within 21 days if both a copy of the Complaint and a summons is served on the defendant(s).  Otherwise, the Answer is due within 60 days (in most cases).


 



1:15-cv-00668-FPG Lewis et al v. Schneiderman et al
Frank P. Geraci, Jr., presiding
Date filed: 07/23/2015
Date terminated: 12/22/2016
Date of last filing: 12/22/2016
 

History

 

Doc.
No.
Dates Description
3
Filed: 12/22/2016
Entered: 12/27/2016
Docket Text Order Dismissing Case
2
Filed: 08/03/2016
Entered: 08/04/2016
Docket Text Order to Show Cause
Filed & Entered:   07/24/2015
Docket Text Case Assigned/Reassigned
Filed & Entered:   07/24/2015
Docket Text Notice of Availability of Magistrate Judge
Filed & Entered:   07/24/2015
Docket Text Automatic Referral to Mediation
Filed & Entered:   07/24/2015
Docket Text E-Filing Notification
1
Filed & Entered:   07/23/2015
Docket Text Complaint

 

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