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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Powell v. Tompkins (SCOTUS carry & possession case) 15-6063 - Cert Denied

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Cert Denied




 

This is a Second & 14th Amendment carry case out of Massachusetts.  A cert petition was filed with the US Supreme Court on September 9, 2015.

The cert petition is very well written.  Importantly, it clearly identifies the existing circuit splits on whether or not the Second Amendment extends beyond the home.  As you may recall, the dissent in Jackson v. San Francisco by Justice Thomas (Justice Scalia concurring) chided the court in that case for not granting that cert petition for lack of a circuit split.  Another nice thing about the cert petition in this case is the outcome does not turn on whether or not there is a right to carry a handgun concealed in public.  The question is whether or not there is a right to carry in public pursuant to the Second Amendment (the 1st Circuit Court of Appeals and the Massachusetts high court said there is not).  On November 5, 2015 SCOTUS requested a response.  This moves the cert petition from DOA to a better than average chance that the cert petition will be granted.  There are two types of cases which are normally placed on the “dead list” and denied outright.  IFP cases (those filed by persons who are so poor they cannot afford to pay the filing fee) and cases where a waiver of response is filed and SCOTUS does not request a response.  This is an IFP case and a waiver of response had been filed.  Now that SCOTUS has requested a response this case is off the “dead list.”

Here is a link to the SCOTUS docket.

Here the Powell Cert Petition.

Response requested – Response is due February 8, 2016.  Powell v. Tompkins Brief in Opposition to Cert filed 2-8-16

Powell’s Reply Brief to the Brief in Opposition was Filed February 19, 2016.

Here is a link to the Massachusetts Supreme Judicial Court (MSJC) case page.

Here is a link to the MSJC decision.

Here is a link to the Federal First Circuit Court of Appeals decision.

No. 15-6063
Title:
Aaron Powell, Petitioner
v.
Steven Tompkins, Sheriff, Suffolk County, Massachusetts
Docketed: September 15, 2015
Lower Ct: United States Court of Appeals for the First Circuit
  Case Nos.: (13-1310)
  Decision Date: April 15, 2015
  Rehearing Denied: June 11, 2015

 

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 9 2015 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2015)
Oct 5 2015 Waiver of right of respondent Steven Tompkins, Sheriff, Suffolk County, Massachusetts to respond filed.
Oct 29 2015 DISTRIBUTED for Conference of November 13, 2015.
Nov 5 2015 Response Requested . (Due December 7, 2015)
Nov 23 2015 Order extending time to file response to petition to and including February 8, 2016.
Feb 8 2016 Brief of respondent Steven Tompkins, Sheriff, Suffolk County, Massachusetts in opposition filed.
Feb 19 2016 Reply of petitioner Aaron Powell filed.
Feb 25 2016 DISTRIBUTED for Conference of March 18, 2016.






Update by Charles Nichols, President of California Right To Carry – March 21, 2016 –  SCOTUS denied the cert petition without explanation.  The state of Massachusetts wrote a long Brief in Opposition trying to make this case not about the Second Amendment.  Hopefully, that is the reason why the cert petition was denied.  Unfortunately, we will never know for certain.

Update by Charles Nichols, President of California Right To Carry – March 18, 2016 –  SCOTUS did not grant the case this afternoon which means we have to wait until Monday to find out what, if anything, happened with the cert petition today.

Update by Charles Nichols, President of California Right To Carry – February 28,  2016 – The Reply Brief to the Brief in Opposition (BIO) was filed on February 19th and is available here.  It is an excellent read.  The state of Massachusetts wrote a long Brief in Opposition trying to make this case not about the Second Amendment.  Instead of taking the bait and arguing extensively against those points not related to the Second Amendment, Powell’s lawyer succinctly shot to pieces the states BIO.   A pity the lawyers for the so called gun-rights groups are incompetent.  The petition stage of the cert petition is now fully briefed.  The case has been distributed for the conference of March 18, 2016.

Update by Charles Nichols, President of California Right To Carry – February 9,  2016 – The Brief in Opposition was filed and is available here.

EDIT: I have just read the Brief in Opposition. The state went to great lengths to argue that this really isn’t a Second Amendment case but one which should be evaluated under the Anti-terrorism and Effective Death Penalty Act (AEDPA) which is an act of congress which basically says that it doesn’t matter if a law is unconstitutional, if you have been convicted then the burden is upon you (not the state) to prove that the law for which you have been convicted is BOTH unconstitutional AND that the courts have already held that the law is unconstitutional prior to your conviction. You might recognize that as a Catch-22.

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – November 23,  2015 – The deadline to file the Brief In Opposition was extended to February 8, 2016.  This means that if the cert petition is granted then the case will not be heard until the 2016-2017 term and likely a decision not published until June of 2017.

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 6:54 AM today is the cert petition has not been denied.  Update: given that SCOTUS requested a response and the response isn’t due until December 7, 2015, it is pretty much certain that the petition will be rescheduled for a future conference.  When it is rescheduled that will mark its first relist which is a significant event given that for the past few years SCOTUS has been increasingly reluctant to grant a petition unless it has been relisted at least once.

Update by Charles Nichols, President of California Right To Carry – November 6,  2015 – On November 5, 2015 SCOTUS requested a response.  This moves the cert petition from DOA to a better than average chance that the cert petition will be granted.  The response is due December 7, 2015.

Update by Charles Nichols, President of California Right To Carry – October 29,  2015 – The petition has been distributed for the private conference of November 13, 3015.  Unfortunately SCOTUS did not request a response which means that, for all intents and purposes, the petition has been denied.  We are just waiting for SCOTUS to formally pronounce the case dead.

Update by Charles Nichols, President of California Right To Carry – October 22,  2015 – The State of Massachusetts has filed a waiver in lieu of a response to the cert petition.  This is what happens in most cases.  No response is required unless SCOTUS requests a response.  If no response is requested by SCOTUS before the cert petition is scheduled for its first private conference then cert will be denied.  The waiver was filed on October 5, 2015 but the docket was not updated.  The online docket usually lags up to a few days or so but this is the first time I have noticed this great of a delay from filing date to the docket being updated.

 

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