Articles

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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Status of California Open Carry Lawsuit - Nichols v. Brown 14-55873 - June 15, 2018 and Later

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A decision in the appeal of Nichols v. Brown awaits the decision in Young v. Hawaii

We have been waiting 159 days since oral argument for a decision in Young v. Hawaii! 

My California Open carry lawsuit was filed 2425 days ago on November 30, 2011

For updates and filings posted from June 20, 2017, to June 14, 2018, Click Here.

For updates and filings posted prior to June 20, 2017, Click Here.

 

On February 27, 2018, the 3-judge panel assigned to my appeal issued an order vacating its submission of Nichols v. Brown pending issuance of a decision in Young v. State of Hawaii. 

The State of California wanted the 3-judge panel assigned to the Nichols v. Brown appeal to issue its decision before the 3-judge panel in Young issued its decision because the judges assigned to the Young v. Hawaii appeal appeared to be much more favorable to the Second Amendment than the judges assigned to the Nichols v. Brown appeal. 

That didn’t happen. 

The threshold Second Amendment question in Young v. Hawaii is whether or not the Second Amendment extends outside of one’s home.  9th circuit court of appeals procedural law says that prior three-judge panel decisions are binding on subsequent three-judge panels unless overruled by an 11 judge en banc panel or a decision by the US Supreme Court. 

If the three-judge panel in Young v. Hawaii holds that the Second Amendment is limited to the interior of one’s home then I will likely lose my Second Amendment claim.  If the Young v. Hawaii panel issues a published decision in favor of Mr. Young then the three-judge panel is procedurally bound to adhere to the Young decision and I win my Second Amendment claim if my panel follows the procedural law in this circuit. 

However, the three-judge panel assigned to my appeal can, if it wants to, issue a decision which conflicts with the Young decision.  If it did then it would create an intra-circuit split which would have to be resolved by an 11 judge en banc panel.  Of course, if either Mr. Young or I win before our three-judge panels it is almost a certainty that our appeals will be reheard before an en banc panel. 

It is possible that the Young v. Hawaii decision will be decided in an unpublished decision.  If it is decided in an unpublished decision then unpublished decisions are not binding and the ball will be entirely in my court, as it were. 

The NRA’s Fake California Open Carry lawsuit is now on appeal.  As the Nichols v. Brown appeal was filed before the Flanagan appeal, it has priority over the NRA appeal and will all likelihood be stayed pending a decision in Nichols v. Brown.  In any event, the Flanagan case does not have standing to challenge California’s Open Carry bans if for no other reason than the NRA did not challenge California’s Open Carry bans and notwithstanding that the district court judge did not decide the Open Carry question. 

Moreover, the NRA lawyers made the same legal argument that they did in the Peruta v. San Diego appeal.  They argued that states and local governments can ban Open Carry in favor of concealed carry and since California has banned Open Carry, they are entitled to concealed carry permits.  And look how well that argument worked out for them the last time (the NRA lost).

 

I have created a GoFundMe page.

Donations are not tax deductible but they are greatly appreciated.

 

Significant Events

September 23, 2010, – Thirty years after first studying law in college, I began my studies anew in contemplation of challenging California’s 1967 Loaded Open Carry ban.  I did not plan on representing myself, or even being a plaintiff in my lawsuit, that’s just the way things turned out.

May 26, 2011, – I decided to start raising funds to support a lawsuit challenging California’s 1967 Loaded Open Carry ban.

November 30, 2011, – Unable to find anyone to join me as a plaintiff in the lawsuit, I filed my pro se lawsuit in Federal court.

May 1, 2014, – Federal District Court Judge Samuel James Otero held that firearms are no different than crystal meth.  My case was dismissed with prejudice.  But not before I amended my lawsuit to challenge the two Unloaded Open Carry bans and California’s ban on issuing handgun Open Carry licenses to residents of counties with 200,000 or more people and limiting the licenses to the county of issuance.

May 27, 2014, – Notice of Appeal filed.

February 15, 2018, – Oral argument before a three-judge panel of the 9th circuit court of appeals took place.

 




Update by Charles Nichols – July 9, 2018, – Judge Kavanaugh is nominated to the United States Supreme Court.  This is a good thing because:

During the oral argument in my #California Open Carry appeal, Charles Nichols v. Edmund G. Brown Jr., et al, Judge Bybee asked a question about “methodology.” The methodology I argued in my opening brief and stood by during oral argument is the same methodology advocated by Judge Kavanaugh in this dissent:

https://www.leagle.com/decision/infco20111004176

“In my view, Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.”

Failing to persuade the other two judges, he argued in his dissent that:

“Even if it were appropriate to apply some kind of balancing test or level of scrutiny to D.C.’s ban on semi-automatic rifles, the proper test would be strict scrutiny, as explained above. See supra Part I.F. That is particularly true where, as here, a court is analyzing a ban on a class of arms within the scope of Second Amendment protection. If we are to apply strict scrutiny, we must do so in a manner consistent with Heller’s holding that D.C.’s handgun ban was unconstitutional.”

I argued in my Opening Brief on appeal that strict scrutiny, at a minimum, is required.

The decision I linked to above was decided on October 4, 2011. I filed my lawsuit on November 30, 2011. I made the same argument in the district court as I made on appeal regarding methodology.

Should my case end up on SCOTUS’ doorstep, Justice Kavanaugh is one Justice I won’t have to persuade when it comes to “methodology.”.

Update by Charles Nichols – June 15, 2018, – This page created.

 

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