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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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Arie Friedman, et al v. City of Highland Park SCOTUS Denied Cert 15-133

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Arie Friedman, et al v. City of Highland Park

Cert Denied – Justice Thomas joined by Justice Scalia Dissenting

SCOTUS Rule 10 clearly states that SCOTUS does not grant cert petitions to correct the errors of the lower courts. SCOTUS grants cert petitions when Federal Courts of Appeal and/or the highest state courts issue decisions which conflict with each other regarding a Federal question. These are called “splits.” The denial of the dissent in Jackson v. San Francisco chided the other members of the US Supreme Court for not granting the cert petition in that case because SCOTUS had granted cert petitions in other cases in which there was not a split.  There was no split in this case.

It is well established in the courts that a denial of cert has no precedential effect and the denial can not be cited as precedential in any other case. District of Columbia v. Heller was granted cert because it presented a clear circuit split between the 9th and 5th Circuit court of appeals. The 9th had held that the Second Amendment did not protect an individual right to keep and bear arms, the 5th Circuit Court of Appeals came to the opposite conclusion.

What this means for future Second Amendment cases is no “split” equals a denial of cert.




 

This is a challenge to the “assault” weapons ban of Highland Park Illinois.  It lost at both the district court and before a three judge panel of the 7th Circuit Court of Appeals.  No petition for a rehearing/en banc review was filed.  Instead, a cert petition was filed with SCOTUS.  I think that this was a grave mistake.  There was a good chance that Friedman would have won before an en banc panel of the 7th Circuit.  It was foolish to go straight to SCOTUS instead of filing an en banc petition before the 7th.  The cert petition does not cite any circuit split but incredibly the cert petition cited the dissent in Jackson v. San Francisco which chided the Court for not taking that case because it did not present a circuit split.

As I am not a lawyer I have never understood why lawyers go out of their way to ensure that they lose their case. If the Plaintiffs had filed for an en banc petition then the worst that could have happened is that they would have lost en banc. Losing en banc would not have prevented them from being where they are now.

But then one of the Plaintiffs is the official NRA state organization which successfully lobbied the Illinois legislature to ban Open Carry and to impose an onerous concealed carry licensing law which went into effect on the very same day that Judge Posner’s stay expired.

They had the votes to block any new law from being enacted.

If the dissent in Jackson v. San Francisco told us anything, it told us that SCOTUS isn’t going to grant a Second Amendment cert petition unless there is a split for them to resolve.  I read the cert petition in this case and could not find even one citation to a circuit split.  When SCOTUS denies this cert petition, which is likely, hopefully it will do so with a dissent.  Perhaps when there are enough dissents to the denials of cert the justices will finally vote to grant a Second Amendment petition.

Fortunately, should I lose my California Open Carry case on Appeal, there will be multiple circuit splits and splits with state supreme courts for SCOTUS to resolve, and not just in regards to the Second Amendment.  Keep in mind that the district court in my case held that firearms fall completely outside the scope of the Fourth Amendment, even in the home.  And let us not forget that the district court also held that minorities are not allowed to bring what are known as “pre-enforcement” challenges to racially motivated gun laws.  A pre-enforcement challenge is one in which the constitutionality of a law is challenged in civil court BEFORE a person is criminally prosecuted for violating the law.  Once a person is criminally charged with violating a law, even an overtly racist law as the 1967 California ban on openly carrying loaded firearms in public he is prevented from challenging the law in Federal civil court thanks to a 1971 US Supreme Court decision.

Ironically, Congress enacted legislation allowing persons, especially Blacks, to challenge their criminal prosecution in Federal court just after the Civil War because Blacks were being unfairly tried in state and local courts.

Here is a link to many of the documents filed in the case.

Here is the 7th Circuit Decision.

Here is the Friedman v. Highland Park Petition for Writ of Certiorari

Here is a link to the SCOTUS docket.

Amicus Briefs:

National Shooting Sports Foundation

Law Enforcement in Support

National Rifle Association

Dissent to Denial of Cert:

Dissent




Update by Charles Nichols, President of California Right To Carry – December 7,  2015 – The cert petition was denied.  Justice Thomas filed a dissent joined by Justice Scalia.  The dissent can be found at the end of today’s Order List and here.

Update by Charles Nichols, President of California Right To Carry – November 30,  2015 – This case has been relisted for the conference of December 4, 2015.  This is its sixth relist.

Update by Charles Nichols, President of California Right To Carry – November 24,  2015 – This case wasn’t listed on the Orders list for today which means it has been relisted or it is being held for some reason, or cert has been denied.  Unfortunately, the online dockets are not updated in real time.  We might know later today or later this week or early next what the current status is.  As of 12:37 PM today we do not know if the cert petition has been granted or denied.

Update by Charles Nichols, President of California Right To Carry – November 16,  2015 – This case wasn’t listed on the Orders list for today which means it has been relisted or it is being held for some reason.  Unfortunately, the online dockets are not updated in real time.  We might know later today or later this week what the current status is.  All we know now as of 6:38 AM today is the cert petition has not been denied.  Update: DISTRIBUTED for Conference of November 24, 2015.

Update by Charles Nichols, President of California Right To Carry – November 9,  2015 – This case has been rescheduled for this Friday’s conference.  It is possible we will know its fate as early as Friday afternoon if cert is granted (doubtful) otherwise we will have to wait until the next Orders list is released by SCOTUS.

Update by Charles Nichols, President of California Right To Carry – November 9,  2015 – This case wasn’t listed on the Orders list for today which means it has been relisted or it is being held for some reason.  Unfortunately, the online dockets are not updated in real time.  We might know later today or later this week what the current status is.  All we know now as of 6:45 AM today is the cert petition has not been denied.

Update by Charles Nichols, President of California Right To Carry – November 2,  2015 – This case has been rescheduled for this Friday’s private conference. This makes the third time the case has been relisted.  There is an informative article by SCOTUSblog on the probably of a cert petition being granted with each new relisting here.

Update by Charles Nichols, President of California Right To Carry – October 26,  2015 – This case has been rescheduled for this Friday’s private conference.  I was worried because the relist of this case was not reflected on the SCOTUS docket until this morning.  The results of this Friday’s conference should be announced next Monday.  As usual, SCOTUSblog has an excellent article on the statistical ramifications of a cert petition being relisted here.

Update by Charles Nichols, President of California Right To Carry – October 22,  2015 – This case has not been rescheduled as of yet according to the SCOTUS docket which means it is in a kind of limbo.  It could be relisted, it could be denied, a per curium might be forthcoming.  We have no way of knowing.

Update by Charles Nichols, President of California Right To Carry – October 19,  2015 – This case does not appear on today’s Order List which means that is has likely been relisted for the next private conference on October 30, 2015. SCOTUSblog has an interesting article on the probability of relisted cases being granted cert.  The 2nd U.S. Circuit Court of Appeals in New York upheld the bans on semiautomatic weapons and large-capacity magazines, but struck down a New York provision regulating load limits and a Connecticut prohibition on the non-semiautomatic Remington 7615.

Update by Charles Nichols, President of California Right To Carry – October 13,  2015 – This case was relisted (scheduled for another private conference), much to my surprise.  I thought it would be denied outright.  These past couple of terms, every case SCOTUS has taken was relisted at least once and so this is a very good sign.  However, the more often a case is relisted the less likely it is that the cert petition will be granted.  In short, one relist is good and more than one relist is bad.  This case has been scheduled for this Friday’s private conference.  We should know the results of that conference the following Monday.

Update by Charles Nichols, President of California Right To Carry – September 19,  2015 – The cert stage is fully briefed.  The cert petition has been distributed for the conference of October 9, 2015.  The petition will likely be denied.  Absent a circuit split for SCOTUS to resolve, the chances of a 2A cert petition being granted are somewhere between nil and none.

Update by Charles Nichols, President of California Right To Carry – August 28,  2015 – The following Amicus briefs have been filed:

National Shooting Sports Foundation

Law Enforcement in Support

National Rifle Association

 




 

General Docket
Seventh Circuit Court of Appeals
Court of Appeals Docket #: 14-3091 Docketed: 09/23/2014
Termed: 04/27/2015
Nature of Suit: 3950 Constitutionality of State Statutes
Arie Friedman, et al v. City of Highland Park
Appeal From: Northern District of Illinois, Eastern Division
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3)
Originating Court Information:
     District: 0752-1 : 1:13-cv-09073
     Court Reporter: Mary M. Hacker, Court Reporter
     Trial Judge: John W. Darrah, District Court Judge
     Date Filed: 12/19/2013
     Date Order/Judgment:      Date NOA Filed:
     09/18/2014      09/23/2014

12/18/2014  39  Disclosure Statement filed by Attorney Andrew A. Lothson for Appellants Arie S. Friedman and Illinois State Rifle Association. [39] [6629044] (L-No; E-Yes; R-No) [14-3091] (Lothson, Andrew)
01/13/2015  40  Received argument confirmation from Christopher B. Wilson for Appellee City of Highland Park. [40] [6634015] [14-3091] (Wilson, Christopher)
01/13/2015  41  Received argument confirmation from James B. Vogts for Appellants Arie S. Friedman and Illinois State Rifle Association. [41] [6634032] [14-3091] (Vogts, James)
01/22/2015  42 Case heard and taken under advisement by panel: Frank H. Easterbrook, Circuit Judge; Daniel A. Manion, Circuit Judge and Ann Claire Williams, Circuit Judge. [42] [6636087] [14-3091] (DM)
01/22/2015  43 Case argued by Mr. James B. Vogts for Appellants Illinois State Rifle Association and Arie S. Friedman and Christopher Brennan Wilson for Appellee City of Highland Park. [43] [6636088] [14-3091] (DM)
04/27/2015  44  Filed opinion of the court by Judge Easterbrook. AFFIRMED. Frank H. Easterbrook, Circuit Judge; Daniel A. Manion, Circuit Judge, dissenting; and Ann Claire Williams, Circuit Judge. [44] [6658525] [14-3091] (CAG)
04/27/2015  45  ORDER: Final judgment filed per opinion. With costs: yes. [45] [6658529] [14-3091] (CAG)
05/19/2015  46  Mandate issued. Entire record returned consisting of 1 vol. of loose pleadings and 1 vol. of exhibits. [46] [6663757] [14-3091] (ACB)
05/19/2015 Open Document FOR COURT USE ONLY: Certified copy of 04/27/2015 Final Order with Mandate sent to the District Court Clerk. [6663770-2] [6663770] [14-3091] (ACB)
07/29/2015  47  Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 15-133 [47] [6681543] [14-3091] (MM)

 

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