Articles

10-15-2017 – Governor Brown Signs Bill Allowing Guns Inside of Gun-Free School Zones

10-12-2017 – Is There a Right to Keep and Bear Arms? 9th Circuit to Decide in 2018

9-12-2017 – NRA Open Carry Lawsuit Opposes Open Carry

9-3-2017 – Supreme Court Long Conference on September 25, 2017

8-14-2017 – A Declaration That Open Carry Is the Right

7-28-2017 – Transcript Released in NRA’s Fake Open Carry Lawsuit

7-24-2017 – 50th Anniversary of California’s Loaded Open Carry Ban

7-12-2017 – Can we Save Our Right to Keep and Bear Arms?

6-27-2017 – Supreme Court Decides to Wait for Another Second Amendment Case

6/15/2017 – The Evil Practice of Carrying Weapons Secretly

6/6/2017 – NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

6/2/2017 – The NRA Lost Another Second Amendment Appeal Today

5/29/2017 – Lead Plaintiff in Supreme Court Concealed Carry Appeal says Courts are Corrupt

5/23/2017 – Peruta Concealed Carry Lawsuit has Waited 2,768 Days – Supreme Court says Wait Longer

5/20/2017 – Second Amendment Case Peruta vs. California May Strike-Out at Supreme Court

5/03/2017 – Did the NRA Take a Dive in its Fake Open Carry Lawsuit?

5/01/2017 – Supreme Court Again Silent on Second Amendment

04/22/2017 – Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 – Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 – Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 – Justice Neil Gorsuch and the Second Amendment

3/29/2017 – The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 – Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

3/22/2017 – Supreme Court Justice Sotomayor Finally Recognizes the Second Amendment

3/13/2017 – Another Second Amendment Appeal Shot-Down by the 9th Circuit

3/10/2017 – US Supreme Court to Decide Concealed Carry Petition in Two Weeks

3/5/2017 – The Florida Supreme Court Just Handed The US Supreme Court a Second Amendment Case It Can’t Refuse

2/23/2017 – California Asks Supreme Court to Wait For Nichols v. Brown Open Carry Appeal

2/15/2017 – NRA Got Spanked for Valentine’s Day!

2/3/2017 – President Trump’s Supreme Court Nominee Neil Gorsuch

1/24/2017 -A Concealed Carry Case SCOTUS Can’t Refuse

1/23/2017 -President Trump’s Judicial Opportunity and Conundrum

1/13/2017 -NRA Tells Supreme Court Open Carry is Perverse

1/11/2017 – NRA Drops Supreme Court Concealed Carry Appeal

12/30/2016 – NRA Asks US Supreme Court To Hear Two Concealed Carry Lawsuits

12/10/2016 – National Concealed Carry Snake Oil Law Will Fail

11/29/2016 – What Lies Ahead for the Second Amendment?

11/10/2016 – The Second Amendment and President Trump

10/03/2016 – A Federal 9th Circuit Judge Finally Finds a Right to Bear Arms in Public

9/28/2016 – Are You Protected by the Fourth Amendment if You Carry a Firearm?

9/20/2016 – Two Concealed Carry Cases Fire Blanks in U.S. Court of Appeals for the District of Columbia Circuit

9/8/2016 – Another Second Amendment Appeal Crashing and Burning in 9th Circuit

8/24/2016 – Concealed Carry Snake Oil and Kool-Aid Peddlers Leave Town for DC

8/18/2016 – The NRA Files Legal Challenge To California Open Carry Bans – But Not Really

8/17/2016 – The Battle for the Second Amendment Moves to Hawaii

8/15/2016 – There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

8/5/2016 – Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

7/15/2016 – God Save The US From The Second Amendment Lawyers

7/8/2016 – NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 – Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 – NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 – Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 – Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 – What’s Next for the Right to Carry Firearms in Public?

6/8/2016 – Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 – Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 – The Second Amendment and the Concealed Carry Problem

5/11/2016 – Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 – California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 – Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 – Has the NRA Come to Bury the Second Amendment or to Defend It? –

4/6/2016 – Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 – Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 – Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 – How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 – The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 – The Second Amendment – Checkmate in Four Moves?

2/10/2016 – Why California’s Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 – Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 – The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 – Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 – Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 – HELP WANTED: Competent Second Amendment Lawyer – Inquire Within

11/9/2015 – The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 – Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 – National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 – The Future of the Second Amendment in California and Hawaii

8/25/2015 – Yes, America, the Second Amendment is a Universal Right!

8/14/2015 – Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 – The Future of Open Carry in California Looks Bright

6/16/2015 – State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 – The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 – Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 – NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 – Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 – Why the Second Amendment Keeps Losing in Court

5/2/2015 – Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 – The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 – Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 – An Open Letter to the Orange County Register’s Editorial on Concealed Carry

4/03/2015 – Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 – Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 – The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 – Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 – California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 – California Concealed Carry Permits – The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

10/17/2014 – It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 – Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 – District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 – California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 – Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 – The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 – Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 – The non-repeal of D.C., Gun-Control

7/2/2014 – US Supreme Court Still Silent On Second Amendment

6/28/2014 – Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 – The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 – NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 – NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

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Norman v. State - Florida Supreme Court Open Carry Case - Cert Petition Filed - 17-68

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Dale Lee Norman, Petitioner v. Florida No.: 17-68

Dale Lee Norman v. Florida – Open Carry Cert Petition – Filed July 10-2017

Appendix to Cert Petition – Norman v Florida

Norman BIO, FILED VERSION, 10.10.17

DISTRIBUTED for Conference of 9/25/2017




US Supreme Court Justices have expressed bewilderment as to why lawyers file so many cert petitions which argue that the petition should be granted because the lower court was wrong, which the Supreme Court rules say is not a reason for granting a cert petition, instead of arguing that the lower court issued a decision which conflicts with other Federal courts or which conflicts with decisions regarding Federal law issued by state courts of last resort and why SCOTUS must resolve the split(s).

There are two stages in a case before the US Supreme Court.  The first stage is known as the Petition Stage.  This is the stage where the cert petition makes the argument as to why the Supreme Court should grant its petition.  If the petition is not granted then the case never makes it to stage two.  Stage Two is the Merits Stage.  This is where one’s argument focuses on why the court below got the law wrong.

The “cert petition” filed in this case would have made for a fine Amicus brief on the merits.  But that is exactly the wrong kind of brief to file at this stage of the proceedings.

I had pleaded with Norman’s attorney to not limit the question before the court to handguns.  Which is exactly what Norman’s new attorney did.

There are two justices remaining on the court from the Heller court who said in their dissent that there is a right to carry long guns for the purpose of self-defense, but no right to possess handguns, let alone carry them openly or concealed.  By the way, these same two justices also said in their dissent that they agreed with the majority that concealed carry is not a right and can therefore be prohibited.

Unless President Trump has the opportunity to appoint another justice or two this summer or fall, I’m afraid we are looking at another “Cert Denied!”




LOST IN FLORIDA SUPREME COURT!

NORMAN WILL BE FILING FILED A CERT PETITION



Petition for Rehearing by Florida Supreme Court was Denied on April 13, 2017

It had been 42 days since the decision in this case was published until the petition for rehearing was denied!

For updates prior to February 3, 2017, and for more case details including a video of the arrest, click here.

267 Days After the Florida Supreme Court Held Oral Arguments in this Case it Upheld Florida’s Open Carry Ban.

We Now Have Our First SCOTUS Rule 10 Split Since the McDonald Decision was Published in 2010.  

But a Rule 10 split is not necessary when a lower court issues a decision which is in direct defiance of a Supreme Court decision which the Massachusetts Supreme Court did in a Second Amendment case (Caetano).  In the Caetano case a unanimous US Supreme Court (8-0) reversed and remanded a unanimous Massachusetts high court decision.  Even those justices who oppose the Second Amendment do not take kindly to lower courts thumbing their nose at them.

 

Norman v. State – Florida Supreme Court Decision

MANDATE

 




Here is an article expressing my view of what transpired during the oral argument before the Florida Supreme Court.

Florida Supreme Court Justices Voice Contempt for the Second Amendment

Norman v. State is a Florida Open Carry case.

Well, the oral arguments in Norman v. Florida did not go well.

Don’t be surprised if the Florida Supreme Court upholds the Open Carry ban under what it calls intermediate scrutiny.  The state’s attorney could not provide any procedural law justification for the ban other than to say that the Open Carry ban is a “policy choice” of the Florida legislature. Simply stating that something is a “policy choice” does not survive even intermediate scrutiny. It does not even survive the lowest level of scrutiny if the person challenging the law proves that the law was arbitrary, irrational, the need for enacting the law in the first place no longer exists, or that the law has triggered a requirement that it be subject to heightened scrutiny (such as adversely affecting a protected class).

Florida Supreme Court Granted Petition to Hear the Appeal

The Oral Arguments can be Viewed Online at http://wfsu.org/gavel2gavel/

Oral Arguments took place at 9:00 a.m., Wednesday, June 8, 2016 Eastern Time (the Court is located in Tallahassee ).

One hopeful sign that the Florida Supreme Court will grant the petition to hear this case is that this case is listed on the High Profile page at the Florida Supreme Court website.  The bad news is there are eight appeals on the high profile list ahead of this case dating back as far as October 16, 2014.  We probably have a long wait ahead of us before this case is resolved.

It is an appeal of a criminal conviction for violating Florida’s Open Carry ban enacted in 1987.

Norman lost before a Florida appeals court and has now petitioned the Florida Supreme Court to reverse the decision, where he lost on March 3, 2017.

Here is a link to the Florida Supreme Court docket.




Update October 12, 2017, by Charles Nichols – President of California Right To Carry – The State of Florida’s Brief In Opposition (BIO) is now online here.

Norman BIO, FILED VERSION, 10.10.17

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

Update September 2, 2017, by Charles Nichols – President of California Right To Carry – An extension of time was granted to the State of Florida.  The brief in opposition to granting cert is now due on October 11, 2017.  The case is still scheduled for the “Long Conference” on September 25th.

Update August 11, 2017, by Charles Nichols – President of California Right To Carry – A Response to the cert petition was requested today.  This saves the cert petition from what would otherwise be a certain death.  The Response is due on September 11, 2017.

Update July 17, 2017, by Charles Nichols – President of California Right To Carry – The Appendix to the cert petition is now linked at the top of this page.

Appendix to Cert Petition – Norman v Florida

Update July 14, 2017, by Charles Nichols – President of California Right To Carry – The Supreme Court docket for this case is now visible.  No.: 17-68

Update July 10, 2017, by Charles Nichols – President of California Right To Carry – Norman filed his cert petition with SCOTUS ahead of schedule and in plenty of time for SCOTUS to hear oral arguments in the case and decide it on the merits, should it chose to do so.

I had pleaded with Norman’s attorney to not limit the question before the court to handguns.  Which is exactly what he did.

There are two justices remaining on the court from the Heller court who said in their dissent that there is a right to carry long guns for the purpose of self-defense, but no right to possess handguns, let alone carry them openly or concealed.  By the way, these same two justices also said in their dissent that they agreed with the majority that concealed carry is not a right and can therefore be prohibited.

Unless President Trump has the opportunity to appoint another justice or two this summer or fall, I’m afraid we are looking at another “Cert Denied!”

Dale Lee Norman v. Florida – Open Carry Cert Petition – Filed July 10-2017

Update June 30, 2017, by Charles Nichols – President of California Right To Carry – Nothing new.  The deadline for filing the cert petition or an application for an extension of time doth rapidly approach.

Update May 9, 2017, by Charles Nichols – President of California Right To Carry – Mandate issued.  Decision published.

Click to open document 05/04/2017 MANDATE
Click to open document 05/05/2017 PUBLISH FULL

Update May 3, 2017, by Charles Nichols – President of California Right To Carry – Norman’s attorney sent me an email saying that they have made a decision to file a cert petition with SCOTUS.

Update April 13, 2017, by Charles Nichols – President of California Right To Carry – The Florida Supreme Court today denied the petition for rehearing.  A cert petition, or a request to extend the filing deadline, must be filed with the US Supreme Court within 90 days.

Update April 3, 2017, by Charles Nichols – President of California Right To Carry – The pdf of the State of Florida Response to Motion for Rehearing is now online.

Florida Response to Motion for Rehearing

Update March 31, 2017, by Charles Nichols – President of California Right To Carry – The docket shows that a response to the motion for a rehearing was filed.  There is no pdf available on the docket.  The clock does not start ticking on the time to file a cert petition until the decision is final.

Update March 23, 2017, by Charles Nichols – President of California Right To Carry – On March 16, 2017, a motion for rehearing was filed.

Amended Motion for Rehearing

Update March 2, 2017, by Charles Nichols – President of California Right To Carry – 267 Days After the Florida Supreme Court Held Oral Arguments in this Case it Upheld Florida’s Open Carry Ban.  We Now Have Our First SCOTUS Rule 10 Split Since the McDonald Decision was Published in 2010.

Norman v. State – Florida Supreme Court Decision

Update February 3, 2017, by Charles Nichols – President of California Right To Carry – Norman’s attorney filed a notice of supplemental authority to the recent 7th circuit decision in Ezell II.

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