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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Kolbe v. Hogan - Semi-auto and Magazine Ban - Cert Denied - 17-127

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Cert Petition Denied

17-127 SCOTUS Docket

Kolbe v. Hogan Petition for Certiorari and Appendix – 325 pages

Kolbe v. Hogan Brief In Opposition to Cert Petition 17-127

Kolbe v. Hogan Reply Brief

DISTRIBUTED for Conference of 11/9/2017

DISTRIBUTED for Conference of 11/21/2017

Cert Petition Denied without dissent on November 27, 2017




LOST

It had been 286 days since the en banc oral arguments took place!

It has been 294 days since the decision in this case was published!

Kolbe v. Hogan – 4th Circuit En Banc – Semi-auto and Magazine Ban

A divided three judge panel held that strict scrutiny is required when evaluating a Second Amendment claim to Maryland’s semiautomatic and magazine bans and remanded the case back to the district court.  The Fourth Circuit reversed the three judge panel decision and Kolbe filed a cert petition.  The ramifications of the en banc decision if the cert petition is denied could reach far beyond this case as any prior three judge panel decision which conflicts with the en banc decision of this circuit would become invalidated.

The holding of the court was:  “Because the banned assault weapons and large-capacity magazines are clearly most useful in military service, we are compelled by Heller to recognize that those weapons and magazines are not constitutionally protected.”

That is not what the Heller decision said.  The Heller decision did not even decide whether or not machine-guns were arms protected under the Second Amendment.  What Heller did say was that ALL bearable arms are prima facie protected by the Second Amendment.  In that sense, the decision in Kolbe is like the decision by the Massachusetts Supreme Court in Caetano with a twist.  The Massachusetts Supreme Court held that Tasers were not protected arms because they did not exist in 1791.

Ironically, 19th century state courts had held that only arms used in warfare were protected arms under the Second Amendment and/or under their state constitutions.

SCOTUS should unanimously reverse the Kolbe decision as it did in its Caetano decision but Caetano involved non-lethal stun guns and this case involves black rifles so don’t get your hopes up about the cert petition being granted.

SCOTUSblog Case Page

US Supreme Court Cert Petition Stage Filings

Kolbe v. Hogan Petition for Certiorari and Appendix – 325 pages – Filed on July 21, 2017.

Amicus Brief of CATO Institute, National Sheriff’s Association, SAF, and Independence Institute

Aug 23 2017 Motion for leave to file amici brief filed by Edwin Vieira, Jr., et al.
Aug 23 2017 Brief amici curiae of Pink Pistols, et al. filed.
Aug 25 2017 Brief amici curiae of Law Enforcement Groups, et al. filed.
Aug 25 2017 Brief amicus curiae of The National Rifle Association of America, Inc. filed.

Amicus – State of West Virginia and Twenty other States in Support

Aug 29 2017 Amicus brief of Center for Constitutional Jurisprudence submitted.

Circuit Court Filings 

Kolbe v. Hogan En Banc Decision

Divided three judge panel Decision.

En banc oral arguments – Took place on May 11, 2016.

Butzner En Banc Courtroom 201
9:00 a.m.

Briefs. (Requires PACER account).

Attending Oral Argument

Here is a link to many of the filings in the case.

Oral Arguments.  Here is an article I wrote about the hearing.




Update by Charles Nichols, President of California Right To Carry – November 27, 2017 – The cert petition was denied without dissent.

Update by Charles Nichols, President of California Right To Carry – October 11, 2017 – The Brief In Opposition to Cert was filed yesterday and is now online here.

Kolbe v. Hogan Brief In Opposition to Cert Petition 17-127

Update by Charles Nichols, President of California Right To Carry – September 15, 2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – August 23,  2017 – I’ve posted the Amicus brief in support of granting the cert petition filed by the CATO Institute, National Sheriff’s Association, SAF, and Independence Institute.

Update by Charles Nichols, President of California Right To Carry – July 21,  2017 – Kolbe filed his cert petition and appendix today.  The link is under today’s update and at the top of my website page for this case.

Kolbe v. Hogan Petition for Certiorari and Appendix – 325 pages

Update by Charles Nichols, President of California Right To Carry – May 13,  2017 – Kolbe was granted an extension of time to file his cert petition.

Application (16A1074) granted by The Chief Justice extending the time to file until July 21, 2017.

Update by Charles Nichols, President of California Right To Carry – May 8,  2017 – Kolbe finally filed something with SCOTUS 76 days after the en banc petition was published, an application for an extension of time to file a cert petition.

May 3 2017 Application (16A1074) to extend the time to file a petition for a writ of certiorari from May 22, 2017 to July 21, 2017, submitted to The Chief Justice.

Update by Charles Nichols, President of California Right To Carry – February 21,  2017 – 286 days after oral arguments the en banc court published its decision.  We lost.  The three judge panel decision was reversed.  A link to the decision is here.  Kolbe v. Hogan En Banc Decision

Update by Charles Nichols, President of California Right To Carry – February 1,  2017 – Nothing new but given the en banc decision in United States v. Shaquille Robinson I am not hopeful in the outcome of the en banc decision in this case.

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 7, 2016 – Oral arguments took place 180 days ago.  Nothing new.

Update by Charles Nichols, President of California Right To Carry – May 11, 2016 – Oral arguments took place this morning.  Audio should be available between now and tomorrow at this link -> http://www.ca4.uscourts.gov/oral-argument/listen-to-oral-arguments EDIT: The oral arguments are now online.  It did not go well.  Here is an article I wrote about the hearing.

05/11/2016  139 EN BANC ORAL ARGUMENT heard before the Honorable William B. Traxler, Jr., J. Harvie Wilkinson, III, Paul V. Niemeyer, Diana Gribbon Motz, Robert B. King, Roger L. Gregory, Dennis W. Shedd, G. Steven Agee, Barbara Milano Keenan, James A. Wynn, Jr., Albert Diaz, Henry F. Floyd, Stephanie D. Thacker and Pamela A. Harris. Attorneys arguing case: Mr. John Parker Sweeney for Appellants Wink’s Sporting Goods, Incorporated, Atlantic Guns, Incorporated, Associated Gun Clubs of Baltimore, Incorporated, Maryland Shall Issue, Incorporated, Maryland State Rifle and Pistol Association, Incorporated, National Shooting Sports Foundation, Incorporated, Maryland Licensed Firearms Dealers Association, Incorporated, Andrew C. Turner and Stephen V. Kolbe and Matthew John Fader for Appellees Maryland State Police, William M, Pallozzi, Brian E. Frosh and Lawrence J. Hogan, Jr.. Courtroom Deputy: Sarah Carmichael. [999819675] [14-1945] (SAC)

Update by Charles Nichols, President of California Right To Carry – April 23, 2016 – This page created.

 




General Docket
United States Court of Appeals for the Fourth Circuit
Court of Appeals Docket #: 14-1945 Docketed: 09/11/2014
Termed: 02/04/2016
Nature of Suit: 3950 Constitutionality of State Statutes
Stephen Kolbe v. Lawrence Hogan, Jr.
Appeal From: United States District Court for the District of Maryland at Baltimore
Fee Status: fee paid
Case Type Information:
     1) Civil Private
     2) private
     3) null
Originating Court Information:
     District: 0416-1 : 1:13-cv-02841-CCB
     Court Reporter: Stephanie Savoy, Court Reporter Coordinator (Balt)
     Court Reporter: Gail Simpkins, Official Court Reporter (Inactive)
     Presiding Judge: Catherine C. Blake, Chief District Judge
     Date Filed: 09/26/2013
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     08/12/2014      08/12/2014      09/09/2014      09/09/2014
     08/22/2014      08/22/2014

04/15/2016  122  DOCUMENT referencing [113] Motion to supplement,[113] Motion to file supplemental appendix by Appellants Associated Gun Clubs of Baltimore, Incorporated, Atlantic Guns, Incorporated, Stephen V. Kolbe, Maryland Licensed Firearms Dealers Association, Incorporated, Maryland Shall Issue, Incorporated, Maryland State Rifle and Pistol Association, Incorporated, National Shooting Sports Foundation, Incorporated, Andrew C. Turner and Wink’s Sporting Goods, Incorporated. [999796672] [14-1945] John Sweeney
04/15/2016  123  MOTION by Amici Supporting Appellant CRPA Foundation, International Law Enforcement Educators and Trainers Association, Law Enforcement Action Network, Law Enforcement Alliance of America, Law Enforcement Legal Defense Fund and Western States Sheriffs’ Association to file amicus curiae brief (FRAP 29(e)) with consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 04/15/2016 ecf. [999796751] [14-1945] Dan Peterson
04/15/2016  124  AMICUS CURIAE/INTERVENOR BRIEF by Amici Supporting Appellant CRPA Foundation, International Law Enforcement Educators and Trainers Association, Law Enforcement Action Network, Law Enforcement Alliance of America, Law Enforcement Legal Defense Fund and Western States Sheriffs’ Association in electronic and paper format. Type of Brief: Amicus Curiae. Method of Filing Paper Copies: courier. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 04/18/2016. [999796752] [14-1945] Dan Peterson
04/18/2016  125  MOTION by Amicus Supporting Appellee Everytown for Gun Safety to file amicus curiae brief (FRAP 29(e)) with consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 04/18/2016 ecf. [999797248] [14-1945] Deepak Gupta
04/18/2016  126  Supplemental BRIEF by Amicus Supporting Appellee Everytown for Gun Safety in electronic and paper format. Type of Brief: AMICUS CURIAE. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 04/18/2016. [999797259] [14-1945] Deepak Gupta
04/18/2016  127  MOTION by Amicus Supporting Appellant National Rifle Association of America to file amicus curiae brief (FRAP 29(e)) with consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 04/18/2016 ecf. [999797476] [14-1945] Charles Cooper
04/18/2016  128  Supplemental BRIEF by Amicus Supporting Appellant National Rifle Association of America in electronic and paper format. Type of Brief: AMICUS CURIAE. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 04/18/2016. [999797480] [14-1945] Charles Cooper
04/18/2016  132 SUPPLEMENTAL AMICUS CURIAE BRIEF (PAPER) file-stamped, on behalf of National Rifle Association of America. Number of pages: [38]. Number of Copies: [16]. Entered on Docket Date: 04/19/2016. Received by clerk date: 04/19/2016. [999798788] [14-1945] (JHM)
04/18/2016  133 SUPPLEMENTAL AMICUS CURIAE BRIEF (PAPER) file-stamped, in support of appellees by Everytown for Gun Safety. Number of pages: [27]. Number of Copies: [16]. Entered on Docket Date: 04/21/2016. Received by clerk date: 04/19/2016. [999800188] [14-1945] (JHM)
04/19/2016  131 SUPPLEMENTAL AMICUS CURIAE BRIEF (PAPER) file-stamped, on behalf of CRPA Foundation, International Law Enforcement Educators and Trainers Association, Law Enforcement Action Network, Law Enforcement Alliance of America, Law Enforcement Legal Defense Fund and Western States Sheriffs’ Association. Number of pages: [31]. Number of Copies: [16]. Entered on Docket Date: 04/19/2016. Received by clerk date: 04/19/2016. [999798775] [14-1945] (JHM)
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