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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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Virginia Duncan, et al v. Xavier Becerra - Preliminary Injunction Appeal 17-56081

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17-56081

This is an appeal of a preliminary injunction against California’s ban on “large” capacity magazines.  Appeals of a preliminary injunction are given priority over most other cases. 

 

Duncan v. Becerra – Order Granting Preliminary Injunction – Filed June 29, 2017

Appellant’s unopposed motion (Docket Entry No. 6) for an extension of time to file the opening brief is granted. The opening brief is due October 12, 2017. The answering brief is due November 13, 2017. The optional reply brief is due within 21 days after service of the answering brief.

The district court proceedings continue while the appeal of the preliminary injunction is heard.  If there is a final judgment by the district court before there is a decision by the court of appeals then the preliminary injunction appeal will be dismissed as moot.

District Court Scheduling Order – Filed August 4, 2017




Update by Charles Nichols, President of California Right To Carry – September 29, 2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 19, 2017 – Another extension.

09/06/2017  8  Filed (ECF) Appellant Xavier Becerra Unopposed Motion to extend time to file Opening brief until 10/12/2017. Date of service: 09/06/2017. [10571267] [17-56081] (Gordon, Alexandra) [Entered: 09/06/2017 02:53 PM]
09/07/2017  9  Filed order (Appellate Commissioner): Appellant’s unopposed motion (Docket Entry No. [8]) for a second extension of time to file the opening brief is granted. The opening brief is due October 12, 2017. The answering brief is due November 13, 2017. The optional reply brief is due within 21 days after service of the answering brief. (Pro Mo) [10572103] (MS) [Entered: 09/07/2017 09:14 AM]

Update by Charles Nichols, President of California Right To Carry – August 31, 2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – August 10, 2017 – Current appellate docket:

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 17-56081 Docketed: 07/28/2017
Nature of Suit: 3950 Constitutionality of State Statutes
Virginia Duncan, et al v. Xavier Becerra
Appeal From: U.S. District Court for Southern California, San Diego
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0974-3 : 3:17-cv-01017-BEN-JLB
     Court Reporter: Deborah M. O’Connell, Official Court Reporter
     Trial Judge: Roger T. Benitez, District Judge
     Date Filed: 05/17/2017
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     06/29/2017      06/29/2017      07/27/2017      07/27/2017

07/28/2017  1  DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [10525018] (RT) [Entered: 07/28/2017 09:47 AM]
07/28/2017  2  Filed clerk order (Deputy Clerk: KAM): The appeal filed July 27, 2017 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than August 24, 2017; the answering brief is due September 21, 2017 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). The parties are reminded that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. . [10525450] (TSP) [Entered: 07/28/2017 12:02 PM]
07/31/2017  3  Filed (ECF) Appellant Xavier Becerra Mediation Questionnaire. Date of service: 07/31/2017. [10527416] [17-56081] (Gordon, Alexandra) [Entered: 07/31/2017 02:27 PM]
07/31/2017  4  Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell Mediation Questionnaire. Date of service: 07/31/2017. [10528027] [17-56081] (Barvir, Anna) [Entered: 07/31/2017 06:01 PM]
08/01/2017  5  MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [10529550] (CL) [Entered: 08/01/2017 03:55 PM]
08/02/2017  6  Filed (ECF) Appellant Xavier Becerra Unopposed Motion to extend time to file Opening brief until 09/22/2017. Date of service: 08/02/2017. [10530779] [17-56081] (Gordon, Alexandra) [Entered: 08/02/2017 02:21 PM]
08/07/2017  7  Filed clerk order (Deputy Clerk: LBS): Appellant’s unopposed motion (Docket Entry No. [6]) for an extension of time to file the opening brief is granted. The opening brief is due September 22, 2017. The answering brief is due October 20, 2017. The optional reply brief is due within 21 days after service of the answering brief. Appellant is reminded that a motion for an extension of time should be accompanied by a declaration stating that the court reporter is not in default with regard to any designated transcripts. See 9th Cir. R. 31-2.2(b)(7). [10535562] (GWL) [Entered: 08/07/2017 02:07 PM]

Update by Charles Nichols, President of California Right To Carry – August 7, 2017 – District court scheduling Order filed on August 4, 2017.

District Court Scheduling Order

Update by Charles Nichols, President of California Right To Carry – July 29, 2017 – This page created.  The notice of appeal was filed on July 28, 2017.

 




General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 17-56081 Docketed: 07/28/2017
Nature of Suit: 3950 Constitutionality of State Statutes
Virginia Duncan, et al v. Xavier Becerra
Appeal From: U.S. District Court for Southern California, San Diego
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0974-3 : 3:17-cv-01017-BEN-JLB
     Court Reporter: Deborah M. O’Connell, Official Court Reporter
     Trial Judge: Roger T. Benitez, District Judge
     Date Filed: 05/17/2017
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     06/29/2017      06/29/2017      07/27/2017      07/27/2017
Prior Cases:
     None
Current Cases:
     None

 

VIRGINIA DUNCAN
Plaintiff – Appellee,
Anna Barvir, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802
RICHARD LEWIS
Plaintiff – Appellee,
Anna Barvir, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)
PATRICK LOVETTE
Plaintiff – Appellee,
Anna Barvir, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)
DAVID MARGUGLIO
Plaintiff – Appellee,
Anna Barvir, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)
CHRISTOPHER WADDELL
Plaintiff – Appellee,
Anna Barvir, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)
CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation
Plaintiff – Appellee,
Anna Barvir, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)
   v.
XAVIER BECERRA, in his official capacity as Attorney General of the State of California
Defendant – Appellant,
Alexandra Robert Gordon, Deputy Attorney General
[COR LD NTC Dep State Aty Gen]
AGCA – Office of the California Attorney General
455 Golden Gate Avenue
San Francisco, CA 94102Anthony Paul O’Brien, Esquire, Deputy Attorney General
Direct: 916-323-6879
[COR LD NTC Dep State Aty Gen]
AGCA-Office of the California Attorney General
1300 I Street
Suite 125
Sacramento, CA 95814

VIRGINIA DUNCAN; RICHARD LEWIS; PATRICK LOVETTE; DAVID MARGUGLIO; CHRISTOPHER WADDELL; CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation,

Plaintiffs – Appellees,

v.

XAVIER BECERRA, in his official capacity as Attorney General of the State of California,

Defendant – Appellant.

07/28/2017   1 
14 pg, 1.06 MB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [10525018] (RT) [Entered: 07/28/2017 09:47 AM]
07/28/2017   2 
2 pg, 259.4 KB
Filed clerk order (Deputy Clerk: KAM): The appeal filed July 27, 2017 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than August 24, 2017; the answering brief is due September 21, 2017 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). The parties are reminded that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. . [10525450] (TSP) [Entered: 07/28/2017 12:02 PM]

 

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