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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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Grace et al v. District of Columbia et al (concealed carry)

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The District Court Proceedings Are Stayed Pending A Decision In The Appeal

Here is an article I wrote about the oral arguments.

It has been 495 days since this case was filed!

It has been 339 days since the appeal was filed!

It has been 222 days since oral arguments took place!

Grace et al v. District of Columbia et al

Preliminary Injunction appeal no.: 16-7067

This case, brought by Matthew Grace and the Pink Pistols challenges the heightened need requirement for obtaining a concealed carry permit from the District of Columbia.  On May 17, 2016, a preliminary injunction was issued by the district court which can be read here.  Appeal of preliminary injunction case number is 16-7067.

Judge Williams can barely be heard in the audio link below and so I did what I could to make his questions audible in this filtered file ->

Here are the unfiltered oral arguments which took place on September 20, 2016 ->

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

Complaint filed on December 22, 2015.

Answer to Complaint filed on January 12, 2016.

Preliminary Injunction issued May 17, 2016.

Order of the District Court issued May 17, 2016.

Appellant’s Corrected Brief due on 7/6/2016. Corrected brief filed on 7/8/2016.

Appellees Brief due on 8/5/2016.  Filed on 8/5/2016.

Appellant Reply Brief due on 8/19/2016. Filed on 8/19/2016.

This appeal is now fully briefed.  

Oral Arguments took place Tuesday, September 20, 2016 9:30 A.M. USCA Courtroom 31 – Judges Henderson, Griffith, Williams

Before District of Columbia v. Heller was granted cert it was called Parker v. District of Columbia.  Judge Griffith joined with Judge Silberman in striking down the D.C., bans.  Judge Henderson filed a dissent.  Some of you may think that this means there is one vote for and one vote against but you would be forgetting that Parker v. District of Columbia said that there is no right to concealed carry and this is a concealed carry case.  I do not know how Judge Williams will vote but the writing is on the wall.  Two of the three judges on this panel don’t think there is a right to concealed carry.  They said so.

Judge Williams was one of three judges who admonished Alan Gura for not bringing an as-applied challenge on behalf of his client in Schrader v. Holder.  Alan Gura is the attorney for the plaintiffs in Wren v. DC.

Do not be surprised if the decision in this case unanimously holds that there is no right to concealed carry and therefore fails the test for a preliminary injunction.

Oral Arguments took place Tuesday, September 20, 2016 9:30 A.M. USCA Courtroom 31 – Judges Henderson, Griffith, Williams




The District court proceedings are stayed pending appeal.




Update by Charles Nichols, President of California Right To Carry – March 31,  2017 – Nothing new.  I was expecting a FRAP 28(j) regarding Norman v. State.

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 – Nothing new on appeal.  In the district court the Defendants filed this noting that the district court proceedings are stayed pending the appeal.  Statement by Defendants that this case is stayed pending the appeal.

Doc.
No.
Dates Description
57
Filed & Entered:   01/25/2017
Docket Text Notice (Other)

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 – Other than a minor skirmish in the district court proceedings, nothing new.

Doc.
No.
Dates Description
56
Filed & Entered:   12/29/2016
Docket Text Reply to opposition to Motion
55
Filed & Entered:   12/23/2016
Docket Text Memorandum in Opposition
54
Filed & Entered:   12/09/2016
Docket Text Motion for Scheduling Order

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 – The Oral Arguments took place this morning.  Here is a link.

09/20/2016 Open Document ORAL ARGUMENT HELD before Judges Henderson, Griffith and Williams. [16-7067]

Update by Charles Nichols, President of California Right To Carry – September 15,  2016 – New activity.  Only 10 minutes allowed per side to argue.  Not a good sign for the plaintiffs.

09/07/2016 Open Document PER CURIAM ORDER [1634229] filed allocating oral argument time as follows: Appellants – 10 Minutes, Appellees – 10 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 09/13/2016 [16-7067]
09/07/2016 FORM 72 submitted by arguing attorney, David H. Thompson, on behalf of Appellees Matthew Grace and Pink Pistols (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-7067] (Thompson, David)
09/09/2016 FORM 72 submitted by arguing attorney, Loren L. AliKhan, on behalf of Appellants DC and Cathy L. Lanier (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-7067] (AliKhan, Loren)

Update by Charles Nichols, President of California Right To Carry – August 31,  2016 – Nothing new and there probably won’t be until after oral arguments when this case is taken under submission for a decision.

Update by Charles Nichols, President of California Right To Carry – August 22,  2016 – Reply brief filed.  Three judge panel announced.

08/19/2016 Open Document APPELLANT REPLY BRIEF [1631303] filed by DC and Cathy L. Lanier [Service Date: 08/19/2016 ] Length of Brief: 6,998 words. [16-7067] (Johnson, Holly)

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

Update by Charles Nichols, President of California Right To Carry – August 13,  2016 – Amicus activity.

08/05/2016 Open Document APPELLEE BRIEF [1628939] filed by Matthew Grace and Pink Pistols [Service Date: 08/05/2016 ] Length of Brief: 13,995 Words. [16-7067] (Cooper, Charles)
08/10/2016 Open Document NOTICE [1629722] filed by Western States Sheriffs’ Association, International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Association of America, CRPA Foundation of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 08/10/2016 ] [16-7067]–[Edited 08/11/2016 by RJC] (Peterson, Dan)
08/11/2016 Open Document NOTICE [1629949] filed by Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Heller Foundation, and Conservative Legal Defense and Education Fund of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 08/11/2016 ] [16-7067]–[Edited 08/12/2016 by RJC] (Titus, Herbert)
08/12/2016 Open Document NOTICE [1630149] filed by Arizona, Alabama, Arkansas, Indiana, Missouri, Montana, Nevada, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 08/12/2016 ] [16-7067] (Miller, Keith)
08/12/2016 Open Document CONSENT NOTICE [1630233] filed by National Rifle Association of America, Inc. of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 08/12/2016 ] [16-7067] (Clement, Paul)
08/12/2016 Open Document AMICUS FOR APPELLEE BRIEF [1630234] filed by National Rifle Association of America, Inc. [Service Date: 08/12/2016 ] Length of Brief: 6,995 words. [16-7067] (Clement, Paul)
08/12/2016 Open Document AMICUS FOR APPELLEE BRIEF [1630235] filed by Arizona, Alabama, Arkansas, Indiana, Missouri, Montana, Nevada, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming [Service Date: 08/12/2016 ] [16-7067] (Miller, Keith)
08/12/2016 Open Document AMICUS FOR APPELLEE BRIEF [1630248] filed by Conservative Legal Defense and Education Fund, Gun Owners Foundation, Gun Owners of America, Inc., Heller Foundation and U.S. Justice Foundation [Service Date: 08/12/2016 ] Length of Brief: 6951. [16-7067] (Titus, Herbert)
08/12/2016 Open Document AMENDED NOTICE [1630250] filed by Western States Sheriffs’ Association, International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, CRPA Foundation, Colorado Police Protective Association, et al. of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 08/12/2016 ] [16-7067] (Peterson, Dan)
08/12/2016 Open Document AMICUS FOR APPELLEE BRIEF [1630253] filed by CRPA Foundation, International Law Enforcement Educators and Trainers Association, Law Enforcement Action Network, Law Enforcement Association of America, Law Enforcement Legal Defense Fund and Western States Sheriffs’ Association Colorado Police Protective Association, International Association of Law Enforcement Firearms Instructors [Service Date: 08/12/2016 ] Length of Brief: 6,994 words. [16-7067] (Peterson, Dan)

Update by Charles Nichols, President of California Right To Carry – August 2,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 29,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 25,  2016 – Not much new.

07/19/2016Open DocumentERRATA [1625526] filed by The Brady Center to Prevent Gun Violence to Amicus brief [1624574-2] . Reason for errata: to correct an error in the Table of Authorities. [Service Date: 07/19/2016 ] [16-7067] (Levin, Adam)

Update by Charles Nichols, President of California Right To Carry – July 18,  2016 – It has been 10 days and yet the court/clerk still has not accepted the filing of the corrected appellant brief.  This is very odd.

07/13/2016 Open Document AMENDED NOTICE [1624444] filed by DC Appleseed Center for Law & Justice, DC for Democracy, DC Vote, The League of Women Voters of the District of Columbia, Former Mayor Anthony A. Williams, and Former Mayor Vincent C. Gray of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 07/13/2016 ] [16-7067] — [Edited 07/18/2016 by RJC] (Wolfson, Paul)
07/13/2016 Open Document AMICUS FOR APPELLANT BRIEF [1624447] filed by DC Appleseed Center for Law & Justice DC Appleseed Center for Law & Justice, DC for Democracy, DC Vote, The League of Women Voters of the District of Columbia, Former Mayor Anthony A. Williams, and Former Mayor Vincent C. Gray [Service Date: 07/13/2016 ] Length of Brief: 6,765 words. [16-7067] (Wolfson, Paul)
07/13/2016 Open Document NOTICE [1624558] filed by States of Maryland, California, Connecticut, Hawai’i, Illinois, Iowa, Massachusetts, New York, Oregon, and Washington of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 07/13/2016 ] [16-7067] (Auerbach, Joshua)
07/13/2016 Open Document AMICUS FOR APPELLANT BRIEF [1624574] filed by The Brady Center to Prevent Gun Violence [Service Date: 07/13/2016 ] Length of Brief: 5,203 words.. [16-7067] (Levin, Adam)
07/13/2016 Open Document AMICUS FOR APPELLANT BRIEF [1624590] filed by States of Maryland, California, Connecticut, Hawai’i, Illinois, Iowa, Massachusetts, New York, Oregon, and Washington [Service Date: 07/13/2016 ] Length of Brief: 5,294 words. [16-7067] (Auerbach, Joshua)
07/13/2016 Open Document AMICUS FOR APPELLANT BRIEF [1624592] filed by Everytown for Gun Safety [Service Date: 07/13/2016 ] Length of Brief: 6,995 words. [16-7067] (Gupta, Deepak)
07/14/2016 Open Document ERRATA [1624621] filed by DC and Cathy L. Lanier to Appellant/Petitioner brief [1623783-2] . Reason for errata: to correct an error in a citation. [Service Date: 07/14/2016 ] [16-7067] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – July 8,  2016 – I’m waiting for the court to approve the corrected appellant brief before downloading it and posting it here.

07/06/2016 Open Document APPELLANT BRIEF [1623386] filed by DC and Cathy L. Lanier [Service Date: 07/06/2016 ] Length of Brief: 14,000 words. [16-7067] (Johnson, Holly)
07/06/2016 Open Document SEPARATE STATUTORY ADDENDUM [1623387] filed by DC and Cathy L. Lanier to Appellant/Petitioner brief [1623386-2] [Service Date:07/06/2016 ] [16-7067] (Johnson, Holly)
07/06/2016 Open Document JOINT APPENDIX [1623388] filed by DC and Cathy L. Lanier. [Volumes: 1] [Service Date: 07/06/2016 ] [16-7067] (Johnson, Holly)
07/08/2016 Open Document CORRECTED APPELLANT BRIEF [1623783] filed by DC and Cathy L. Lanier [Service Date: 07/08/2016 ] Length of Brief: 14,000 words. [16-7067] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – July 5,  2016 – Everytown for Gun Safety enters stage left.

07/05/2016 Open Document NOTICE [1623135] filed by Everytown for Gun Safety of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 07/05/2016 ] [16-7067] (Gupta, Deepak)

Update by Charles Nichols, President of California Right To Carry – July 1,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 29,  2016 – The Brady Bunch becomes an Amicus.

06/29/2016 Open Document CONSENT NOTICE [1622280] filed by The Brady Center to Prevent Gun Violence of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 06/29/2016 ] [16-7067] (Levin, Adam)

Update by Charles Nichols, President of California Right To Carry – June 21,  2016 – There is nothing new filed in either the district court or the court of appeals.

Update by Charles Nichols, President of California Right To Carry – June 16,  2016 – The oral arguments have been scheduled for September 20th.

06/16/2016 Open Document CLERK’S ORDER [1619747] filed scheduling oral argument on Tuesday, 09/20/2016. [16-7067]
06/16/2016 Open Document CONSENT NOTICE [1619899] filed by DC Appleseed Center for Law & Justice of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 06/16/2016 ] [16-7067] (Wolfson, Paul)

Update by Charles Nichols, President of California Right To Carry – June 8,  2016 – There is a new briefing schedule.  EDIT June 15th: And my consent notice was incorrectly filed as an intention to participate as an Amicus.  It doesn’t matter.  In light of the Peruta v. San Diego decision I will not be filing an Amicus brief.

06/08/2016 Open Document NOTICE [1618187] filed by Charles Nichols of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 06/08/2016 ] [16-7067]
06/08/2016 Open Document CONSENT UNOPPOSED MOTION [1618192] filed by DC and Cathy L. Lanier to extend time to file brief to 07/13/2016. [Service Date: 06/08/2016 ] Pages: 1-10. [16-7067] (Johnson, Holly)
06/09/2016 Open Document PER CURIAM ORDER [1618483] It is ORDERED that the following revised briefing schedule will now apply: APPELLANTS’ BRIEF due 07/06/2016. APPENDIX due 07/06/2016. APPELLEES’ BRIEF due 08/05/2016. APPELLANTS’ REPLY BRIEF due 08/19/2016. Before Judges: Griffith, Srinivasan and Millett. [16-7067]

Update by Charles Nichols, President of California Right To Carry – June 8,  2016 – I received an email this afternoon from a deputy clerk at the court of appeals who misread my consent notice to file an Amicus brief as a motion to Intervene in the case.  I’m not sure how he could have read my consent notice as a motion to intervene but it is what it is.  I replied to his email and, hopefully, the docket entry below will be corrected from a “motion” to a Consent Notice. Update: The clerk responded to my email asking me to disregard his previous email.

This appeal was ordered to be heard before the same panel as Wrenn v. DC.  The preliminary injunction remains stayed.

06/08/2016 Open Document PER CURIAM ORDER [1618104] granting emergency motion for stay pending appeal [1615224-2]. The district court’s order filed May 17, 2016, is stayed pending appeal, and the administrative stay entered May 27, 2016, is dissolved. It is FURTHER ORDERED that consideration of this appeal be expedited. The Clerk is directed to calendar this case for oral argument on the same date and before the same panel as Wrenn v. District of Columbia, No. 16-7025. The following briefing schedule will apply: APPELLANTS’ BRIEF due 06/29/2016. APPENDIX due 06/29/2016. APPELLEES’ BRIEF due 07/20/2016. APPELLANTS’ REPLY BRIEF due 08/03/2016. Before Judges: Griffith, Srinivasan and Millett. [16-7067]
06/08/2016 Open Document NOTICE [1618187] filed by Charles Nichols of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 06/08/2016 ] [16-7067]

 

Update by Charles Nichols, President of California Right To Carry – June 6,  2016 – A Reply Brief by DC in Support of Stay and to Hold Appeal in Abeyance was filed today.

06/06/2016 Open Document REPLY [1617036] filed by DC and Cathy L. Lanier to response [1616402-2] [Service Date: 06/06/2016 by CM/ECF NDA] Pages: 1-10. [16-7067] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – June 3,  2016 – The original and three copies of my notice of consent to file an Amicus brief was sent to the Clerk of the Court of Appeals.  I suspect only one copy was necessary but the Circuit Rules did not say and it is best to be safe than to be sorry.  The notice should arrive on Monday.  It will probably take a few days for the Clerk’s office to scan it and upload it to the docket.

Response to Emergency Motion to Stay and Hold Appeal in Abeyance was filed by the Appellees (Grace and Pink Pistols) yesterday.  The short version is that DC wants the appeal stayed pending a decision in Wrenn v. DC.

06/02/2016 Open Document RESPONSE IN OPPOSITION [1616402] filed by Matthew Grace and Pink Pistols to motion for other relief [1615224-2] [Service Date: 06/02/2016 by CM/ECF NDA] Pages: 16-20. [16-7067] (Cooper, Charles)

Update by Charles Nichols, President of California Right To Carry – June 2,  2016 – The attorneys for the District of Columbia sent me an email yesterday afternoon giving its consent for me to file an Amicus brief in support of neither party.  This was followed by an email from the Appellees attorney last night notifying me that they consent as well.  I attempted to efile my notice of consent last night but was unable to do so via PACER.  It turns out that for me to efile via PACER I have to first file a motion with the court AND file hard copies.  It is easier to just file by mail given that my Amicus brief will be very short and, for all intents and purposes already written well in advance of my filing deadline.

Update by Charles Nichols, President of California Right To Carry – May 27, 2016 – Today, and this shouldn’t come as a surprise to anyone, the preliminary injunction was stayed pending an appeal.  It is impossible to read the Heller decision to say that there is a right to carry weapons concealed in public. Nor can one read the McDonald decision to say that there is a right to carry weapons concealed in public given that the explicit holding of the Court was to incorporate the Second Amendment right as defined in the Heller decision against the states.

And so here we have yet another group of people who, instead of challenging the District’s Open Carry bans, claim that they have a right under the Second Amendment to carry weapons concealed.

And they do so despite over 400 years of laws prohibiting the use and/or carriage of concealed weapons.

Which makes a pretty good argument that these plaintiffs fall into another class of longstanding restrictions on the Second Amendment right, prohibition on the possession of firearms by the mentally ill.

Doc.
No.
Dates Description
Filed & Entered:   05/27/2016
Docket Text Order on Motion to Stay
53
Filed & Entered:   05/27/2016
Docket Text Transmission of Notice of Appeal and Docket Sheet to USCA

Full docket text:
MINUTE ORDER denying [48] Motion to Stay. In light of the Court of Appeals’ issuance this afternoon of an administrative stay of this Court’s order granting plaintiffs’ motion for a preliminary injunction, defendants’ Motion to Stay is hereby DENIED AS MOOT. Signed by Judge Richard J. Leon on 5/27/2016. (lcrjl2, )

Update by Charles Nichols, President of California Right To Carry – May 26, 2016 – Today, the District of Columbia filed an appeal.

USCA Case Number 16-7067 for [52] Notice of Appeal to DC Circuit Court, filed by DISTRICT OF COLUMBIA, CATHY LANIER. (vt)

Doc.
No.
Dates Description
Filed & Entered:   05/26/2016
Docket Text USCA Case Number
52
Filed & Entered:   05/26/2016
Docket Text Notice of Appeal to DC Circuit Court

Update by Charles Nichols, President of California Right To Carry – May 24, 2016 – Reply to opposition filed in the district court.

Doc.
No.
Dates Description
51
Filed & Entered:   05/24/2016
Docket Text Reply to opposition to Motion

Update by Charles Nichols, President of California Right To Carry – May 23, 2016 – Opposition to motion to stay filed in the district court.

Doc.
No.
Dates Description
50
Filed & Entered:   05/23/2016
Docket Text Memorandum in Opposition
Filed & Entered:   05/20/2016
Docket Text Notice of QC
49
Filed & Entered:   05/20/2016
Docket Text Notice (Other)

Update by Charles Nichols, President of California Right To Carry – May 19, 2016 – Motion to stay filed in the district court.

Doc.
No.
Dates Description
47
Filed & Entered:   05/19/2016
Docket Text Notice of Withdrawal of Appearance
48
Filed & Entered:   05/19/2016
Docket Text Motion to Stay

Update by Charles Nichols, President of California Right To Carry – May 17, 2016 – This page created.  Preliminary injunction issued.

 



You will need a government PACER account to view the docket entries

General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 16-7067 Docketed: 05/26/2016
Nature of Suit: 3950 Constitutionality of State Statutes
Matthew Grace, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Waived
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-02234-RJL Lead: 1:15-cv-02234-RJL
     Court Reporter: William Zaremba, Court Reporter
     Trial Judge: Richard J. Leon, U.S. District Judge
     Date Filed: 12/22/2015
     Date Order/Judgment:      Date NOA Filed:
     05/17/2016      05/26/2016

05/26/2016 PRIVATE CIVIL CASE docketed. [16-7067]
05/26/2016 Open Document NOTICE OF APPEAL [1615197] filed by DC and Cathy L. Lanier seeking review of a decision by the U.S. District Court in 1:15-cv-02234-RJL. Appeal assigned USCA Case Number: 16-7067. [16-7067]
05/27/2016 Open Document ENTRY OF APPEARANCE [1615220] filed by Holly M. Johnson and co-counsel Todd S. Kim; Loren L. AliKhan on behalf of Appellants DC and Cathy L. Lanier. [16-7067] (Johnson, Holly)
05/27/2016 Open Document EMERGENCY MOTION [1615224] filed by DC and Cathy L. Lanier for immediate administrative stay, stay pending appeal, and, in event of stay, abeyance. (Response to Motion served by mail due on 06/09/2016). (Response to Motion served by hand due on 06/06/2016) [Service Date: 05/27/2016 by Email, CM/ECF NDA, Hand Delivery] Pages: 16-20. [16-7067] (Johnson, Holly)
05/27/2016 Open Document PER CURIAM ORDER [1615293] filed ORDERED that the district court’s order filed May 17, 2016, granting appellees’ motion for a preliminary injunction, be administratively stayed pending further order of the court. It is FURTHER ORDERED that appellees file a response to the motion for stay pending appeal by 9:00 a.m. on Friday, June 3, 2016, and that appellants file any reply by 4:00 p.m. on Monday, June 6, 2016. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. Before Judges: Rogers, Kavanaugh* and Wilkins (*Circuit Judge Kavanaugh would deny the administrative stay) [16-7067]

 




You will need a government PACER account to view the docket entries


 



 

General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 16-7067 Docketed: 05/26/2016
Nature of Suit: 3950 Constitutionality of State Statutes
Matthew Grace, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Waived
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-02234-RJL Lead: 1:15-cv-02234-RJL
     Court Reporter: William Zaremba, Court Reporter
     Trial Judge: Richard J. Leon, U.S. District Judge
     Date Filed: 12/22/2015
     Date Order/Judgment:      Date NOA Filed:
     05/17/2016      05/26/2016
Prior Cases:
     None
Current Cases:
     None
Panel Assignment:      Not available
Matthew Grace
Plaintiff – Appellee
Charles Justin Cooper
Direct: 202-220-9600
Email: ccooper@cooperkirk.com
Fax: 202-220-9601
[NTC Trial Counsel]
Cooper & Kirk, PLLC
Firm: 202-220-9600
1523 New Hampshire Avenue, NW
Washington, DC 20036
Pink Pistols
Plaintiff – Appellee
Charles Justin Cooper
Direct: 202-220-9600
[NTC Trial Counsel]
(see above)
                    v.
District of Columbia
Defendant – Appellant
Loren L. AliKhan, Deputy Solicitor General
Email: Loren.AliKhan@dc.gov
[COR LD NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714Holly Michelle Johnson, Assistant Attorney General
Email: holly.johnson@dc.gov
[COR LD NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714Todd Sunhwae Kim, Solicitor General
Email: todd.kim@dc.gov
[COR NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714
Cathy L. Lanier, in her official capacity as Chief of Police for the Metropolitan Police Department
Defendant – Appellant
Loren L. AliKhan, Deputy Solicitor General
[COR LD NTC Gvt DC OAG]
(see above)Holly Michelle Johnson, Assistant Attorney General
[COR LD NTC Gvt DC OAG]
(see above)Todd Sunhwae Kim, Solicitor General
[COR NTC Gvt DC OAG]
(see above)

Matthew Grace; Pink Pistols,

Plaintiffs – Appellees

v.

District of Columbia; Cathy L. Lanier, in her official capacity as Chief of Police for the Metropolitan Police Department,

Defendants – Appellants

05/26/2016 PRIVATE CIVIL CASE docketed. [16-7067]
05/26/2016 Open Document
58 pg, 7.38 MB
NOTICE OF APPEAL [1615197] filed by DC and Cathy L. Lanier seeking review of a decision by the U.S. District Court in 1:15-cv-02234-RJL. Appeal assigned USCA Case Number: 16-7067. [16-7067]
05/27/2016 Open Document
2 pg, 98.84 KB
ENTRY OF APPEARANCE [1615220] filed by Holly M. Johnson and co-counsel Todd S. Kim; Loren L. AliKhan on behalf of Appellants DC and Cathy L. Lanier. [16-7067] (Johnson, Holly)
05/27/2016 Open Document
71 pg, 7.84 MB
EMERGENCY MOTION [1615224] filed by DC and Cathy L. Lanier for immediate administrative stay, stay pending appeal, and, in event of stay, abeyance. (Response to Motion served by mail due on 06/09/2016). (Response to Motion served by hand due on 06/06/2016) [Service Date: 05/27/2016 by Email, CM/ECF NDA, Hand Delivery] Pages: 16-20. [16-7067] (Johnson, Holly)
05/27/2016 Open Document
1 pg, 41.42 KB
PER CURIAM ORDER [1615293] filed ORDERED that the district court’s order filed May 17, 2016, granting appellees’ motion for a preliminary injunction, be administratively stayed pending further order of the court. It is FURTHER ORDERED that appellees file a response to the motion for stay pending appeal by 9:00 a.m. on Friday, June 3, 2016, and that appellants file any reply by 4:00 p.m. on Monday, June 6, 2016. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. Before Judges: Rogers, Kavanaugh* and Wilkins (*Circuit Judge Kavanaugh would deny the administrative stay) [16-7067]

 




1:15-cv-02234-RJL GRACE et al v. DISTRICT OF COLUMBIA et al
Richard J. Leon, presiding
Date filed: 12/22/2015
Date of last filing: 01/25/2017

History

 

Doc.
No.
Dates Description
57
Filed & Entered:   01/25/2017
Docket Text Notice (Other)
56
Filed & Entered:   12/29/2016
Docket Text Reply to opposition to Motion
55
Filed & Entered:   12/23/2016
Docket Text Memorandum in Opposition
54
Filed & Entered:   12/09/2016
Docket Text Motion for Scheduling Order
Filed & Entered:   05/27/2016
Docket Text Order on Motion to Stay
53
Filed & Entered:   05/27/2016
Docket Text Transmission of Notice of Appeal and Docket Sheet to USCA
Filed & Entered:   05/26/2016
Docket Text USCA Case Number
52
Filed & Entered:   05/26/2016
Docket Text Notice of Appeal to DC Circuit Court
51
Filed & Entered:   05/24/2016
Docket Text Reply to opposition to Motion
50
Filed & Entered:   05/23/2016
Docket Text Memorandum in Opposition
Filed & Entered:   05/20/2016
Docket Text Notice of QC
49
Filed & Entered:   05/20/2016
Docket Text Notice (Other)
47
Filed & Entered:   05/19/2016
Docket Text Notice of Withdrawal of Appearance
48
Filed & Entered:   05/19/2016
Terminated: 05/27/2016
Docket Text Motion to Stay
45
Filed & Entered:   05/17/2016
Docket Text Memorandum & Opinion
46
Filed & Entered:   05/17/2016
Docket Text Order on Motion for Miscellaneous Relief
44
Filed & Entered:   03/25/2016
Docket Text NOTICE OF SUPPLEMENTAL AUTHORITY
43
Filed & Entered:   03/14/2016
Docket Text Reply to opposition to Motion
42
Filed & Entered:   03/07/2016
Docket Text NOTICE OF SUPPLEMENTAL AUTHORITY
41
Filed & Entered:   03/04/2016
Docket Text Memorandum in Opposition
38
Filed & Entered:   02/24/2016
Docket Text Meet and Confer Statement
39
Filed & Entered:   02/24/2016
Docket Text Supplemental Memorandum
40
Filed & Entered:   02/24/2016
Docket Text Supplemental Memorandum
36
Filed & Entered:   02/16/2016
Docket Text Response to Document
37
Filed & Entered:   02/16/2016
Terminated: 05/17/2016
Docket Text Motion for Miscellaneous Relief
34
Filed & Entered:   02/11/2016
Docket Text Notice of Related Case
35
Filed & Entered:   02/11/2016
Docket Text Response to Document
33
Filed & Entered:   02/10/2016
Docket Text Transcript
Filed & Entered:   02/04/2016
Docket Text Order
Filed: 02/02/2016
Entered: 02/03/2016
Docket Text Motion Hearing
Filed & Entered:   01/29/2016
Docket Text Order on Motion for Leave to File
Filed & Entered:   01/29/2016
Docket Text Order on Motion for Leave to File
30
Filed & Entered:   01/29/2016
Docket Text Notice of Appearance
31
Filed: 01/29/2016
Entered: 02/01/2016
Docket Text Amicus Brief
32
Filed: 01/29/2016
Entered: 02/01/2016
Docket Text Response to Document
28
Filed & Entered:   01/28/2016
Docket Text Response to Document
Filed & Entered:   01/27/2016
Docket Text Order on Motion for Miscellaneous Relief
26
Filed & Entered:   01/26/2016
Terminated: 01/27/2016
Docket Text Motion for Miscellaneous Relief
27
Filed & Entered:   01/26/2016
Docket Text Response to motion
29
Filed: 01/26/2016
Entered: 01/29/2016
Terminated: 01/29/2016
Docket Text Motion for Leave to File
Filed & Entered:   01/22/2016
Docket Text Set/Reset Hearings
23
Filed & Entered:   01/22/2016
Docket Text Reply to opposition to Motion
24
Filed & Entered:   01/22/2016
Docket Text Notice of Appearance
25
Filed & Entered:   01/22/2016
Terminated: 01/29/2016
Docket Text Motion for Leave to File
Filed & Entered:   01/20/2016
Docket Text Scheduling Order
Filed & Entered:   01/20/2016
Docket Text Set/Reset Hearings
Filed & Entered:   01/19/2016
Docket Text Order on Motion for Leave to File
Filed & Entered:   01/19/2016
Docket Text Order on Motion for Leave to File
21
Filed: 01/19/2016
Entered: 01/20/2016
Docket Text Amicus Brief
22
Filed: 01/19/2016
Entered: 01/20/2016
Docket Text Amicus Brief
17
Filed & Entered:   01/15/2016
Docket Text Notice of Appearance
18
Filed & Entered:   01/15/2016
Terminated: 01/19/2016
Docket Text Motion for Leave to File
19
Filed & Entered:   01/15/2016
Docket Text Memorandum in Opposition
20
Filed & Entered:   01/15/2016
Docket Text Memorandum in Opposition
16
Filed & Entered:   01/12/2016
Docket Text Answer to Complaint
13
Filed & Entered:   01/04/2016
Docket Text Amicus Curiae Appearance
14
Filed & Entered:   01/04/2016
Docket Text Amicus Curiae Appearance
15
Filed & Entered:   01/04/2016
Terminated: 01/19/2016
Docket Text Motion for Leave to File
Filed & Entered:   12/29/2015
Docket Text Order on Motion for Briefing Schedule
Filed & Entered:   12/29/2015
Docket Text Set/Reset Deadlines
7
Filed & Entered:   12/29/2015
Terminated: 12/29/2015
Docket Text Motion for Briefing Schedule
8
Filed & Entered:   12/29/2015
Docket Text Summons Returned Executed as to DC Attorney General
9
Filed & Entered:   12/29/2015
Docket Text Summons Returned Executed as to the Mayor for the District of Columbia
10
Filed & Entered:   12/29/2015
Docket Text Summons Returned Executed as to DC Government Defendant
11
Filed & Entered:   12/29/2015
Docket Text Summons Returned Executed as to DC Government Defendant
12
Filed & Entered:   12/29/2015
Docket Text Order
5
Filed & Entered:   12/28/2015
Docket Text Notice of Appearance
6
Filed & Entered:   12/28/2015
Terminated: 05/17/2016
Docket Text Motion for Preliminary Injunction
4
Filed & Entered:   12/23/2015
Docket Text Notice of Appearance
Filed & Entered:   12/22/2015
Docket Text Case Assigned/Reassigned
1
Filed & Entered:   12/22/2015
Docket Text Complaint
2
Filed & Entered:   12/22/2015
Docket Text Notice of Appearance
3
Filed & Entered:   12/22/2015
Docket Text Summons Issued Electronically as to DC Attorney General, Mayor and DC Defendnat

 

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