6-20-2018 – The Second Amendment is in a Coma ten years after the Heller decision

5-13-2018 – NRA Loses Fake Open Carry Lawsuit, Files Three More Concealed Carry Lawsuits

3-4-2018 – Is There a Right to Keep and Bear Arms Outside of our Home?

1-13-2018 – The Guns of February, A Story of Two Three-Judge Panels

12-13-2017 – California Open Carry Lawsuit to be Heard by 9th Circuit on February 15, 2018

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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NRA filed three new Concealed Carry cases in 2nd, 3rd and 4th circuits where the SAF already lost.


I discovered that the same law firm has filed two additional concealed carry cases in district courts which lie within the same Federal circuits where the Second Amendment Foundation lost its concealed carry appeals.  The SAF cert petitions were all denied without a single dissent to the denial of the cert petitions.  I suppose that it is possible the NRA lawyers truly believe that they will win this time where the SAF lawyers lost before, after all, lawyers are nothing if not egotistical narcissists.

Regardless, I am not going to go through the time and expense of tracking these concealed carry cases in the district court.  Here are the Justia links to the cases.  If you obtain a free PACER account then you can read the filings for yourself at ten cents a page.

New York State Rifle & Pistol Association, Inc. et al v. Beach et al (below) – Federal New York Northern District Court which lies in the 2nd circuit court of appeals.

ROGERS et al v. GREWAL et al – New Jersey Federal District Court which lies in the 3rd circuit court of appeals.

Malpasso et al v. Pallozzi – Maryland Federal District Court which lies in the 4th circuit court of appeals.


It would seem that there isn’t a single man in the State of New York who is willing to challenge that state’s ban on openly carrying a loaded handgun in public.

It should come as no surprise that the official state organization for the NRA, the New York State Rifle & Pistol Association, Inc., has filed this lawsuit which attempts to make New York “shall issue” for concealed carry.  The Second Amendment Foundation already tried that and lost on November 27, 2012, in the Federal Second Circuit Court of Appeals – Kachalsky v. County of Westchester, 701 F. 3d 81 (2012).  The SAF filed a cert petition with the United States Supreme Court and the petition was denied, without a single justice dissenting.  The only way the Kachalsky decision can be overturned is via an en banc decision of the 2nd Circuit or by the US Supreme Court.

Of all the Federal Circuit Court of Appeals, the 2nd Circuit is the least likely to grant en banc petitions which means this case will fail in the district court, fail before a three-judge panel of the court of appeals, fail to win an en banc decision and then have its cert petition denied by SCOTUS because there are not four justices who are willing to grant a concealed carry cert petition.  In fact, there are only two justices willing to grant such a petition and it takes the vote of four justices to grant a cert petition.

Now I might understand if there had been a couple of additional vacancies on the left-hand side of the court since the Kachalsky cert petition was denied but there hasn’t.

New York gun owners must really like taking it up the ass.

I won’t be following this case closely.  If you have a PACER account then you can follow it here at ten cents per page.

I did download the Complaint and attachments to the Complaint which you can read for free to find out for yourself what this case is about.

1 – Complaint




1:18-cv-00134-BKS-ATB New York State Rifle & Pistol Association, Inc. et al v. Beach et al
Brenda K. Sannes, presiding
Andrew T. Baxter, referral
Date filed: 02/01/2018
Date of last filing: 05/07/2018



Dates Description
Filed & Entered:   05/07/2018
Docket Text Memorandum of Law
Filed & Entered:   04/03/2018
Docket Text Set Motion and R&R Deadlines/Hearings
Filed & Entered:   04/03/2018
Docket Text Order on Motion for Leave to File
Filed & Entered:   04/03/2018
Docket Text Memorandum of Law
Filed & Entered:   04/02/2018
Docket Text Notice of Appearance
Filed & Entered:   04/02/2018
Docket Text Notice of Appearance
Filed & Entered:   04/02/2018
Terminated: 04/03/2018
Docket Text Motion for Leave to File
Filed & Entered:   03/29/2018
Docket Text Order
Filed & Entered:   03/26/2018
Docket Text Motion to Dismiss for Failure to State a Claim
Filed & Entered:   02/09/2018
Docket Text Notice of Appearance
Filed & Entered:   02/09/2018
Docket Text Notice of Appearance
Filed & Entered:   02/09/2018
Docket Text Notice of Appearance
Filed & Entered:   02/09/2018
Docket Text Notice (Other)
Filed & Entered:   02/09/2018
Docket Text Order on Letter Request
Filed & Entered:   02/08/2018
Docket Text Notice of Appearance
Filed & Entered:   02/08/2018
Terminated: 02/09/2018
Docket Text Letter Request/Motion
Filed & Entered:   02/07/2018
Docket Text Order on Motion for Limited Admission Pro Hac Vice
Filed & Entered:   02/06/2018
Docket Text Set/Reset Answer Deadline
Filed & Entered:   02/05/2018
Terminated: 02/07/2018
Docket Text Motion for Limited Admission Pro Hac Vice
Filed & Entered:   02/05/2018
Terminated: 02/07/2018
Docket Text Motion for Limited Admission Pro Hac Vice
Filed & Entered:   02/05/2018
Terminated: 02/07/2018
Docket Text Motion for Limited Admission Pro Hac Vice
Filed & Entered:   02/05/2018
Docket Text Affidavit of Service
Filed & Entered:   02/05/2018
Docket Text Affidavit of Service
Filed: 02/01/2018
Entered: 02/02/2018
Docket Text Complaint
Filed: 02/01/2018
Entered: 02/02/2018
Docket Text Summons Issued
Filed: 02/01/2018
Entered: 02/02/2018
Docket Text G.O. 25 Filing Order
Filed: 02/01/2018
Entered: 02/02/2018
Docket Text FRCP 7.1 Corporate Disclosure Statement
Filed: 02/01/2018
Entered: 02/02/2018
Docket Text Notice of Admission Requirement