Articles

9-11-2018 – Judge Kavanaugh says Concealed Carry Is Not A Right – NRA Lawyer Says He’s Wrong

9-3-2018 – Professors of Law Say 9th Circuit Open Carry Decision is Now The Law – Young v. Hawaii Lawyer Says It Isn’t

8-15-2018 – Why Are Gun-Rights Lawyers Hiding From 9th Circuit Open Carry Decision?

7-30-2018 – When Will We Be Able to Openly Carry a Firearm in the 9th Circuit?

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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GOULD V. MORGAN - 1st Circuit - Handgun Carry Licenses - 17-2202

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Massachusetts Federal Handgun Carry Case

Baked Beans

Apparently, Massachusetts no longer offers Class B Handgun Open Carry licenses.  The only licenses available are ones which do not differentiate between concealed and Open Carry.  And, of course, the Plaintiffs-Appellants do not seek to openly carry handguns.  The last time the 1st Circuit Court of Appeals had a carry case it was Hightower v. Boston (Alan Gura was the attorney but that was not an SAF case).  The court of appeals noted that Hightower had not applied for a Class B Handgun Open Carry license but was instead seeking a Class A license.  The court assumed that handgun Open Carry licenses were freely given and so, being a concealed carry case, Hightower lost under intermediate scrutiny.

The district court held that the Second Amendment right to keep and bear arms is limited to the inside of our homes.  The States of California and Hawaii make the same argument in my California Open Carry appeal, Nichols v. Brown, and in the Young v. Hawaii appeal.  The district court judge in Young v. Hawaii reached the same conclusion.  The district court judge in Nichols v. Brown compared firearms to crystal meth and people who carry firearms to drug dealers.

The notice of appeal was filed in 2017.  The opening brief was filed on March 5, 2018.  The answering briefs were filed on 5/23/2018, 6/6/2018, and 6/8/2018 (there are three defendant-appellees).  The Appellants’ reply brief was filed on June 27, 2018.

Oral argument is scheduled for July 25, 2018.  Yes, that’s right.  Oral argument was scheduled for less than a month after the completion of briefing.

Must be nice.

In any event, the briefs are online and free at the COMM2A website.

DOCKET CALLED WEDNESDAY, JULY 25, 2018 AT 9:30 A.M.
NUMBER COURT OF APPEALS PANEL COURTROOM, 7TH FLOOR.
BEFORE JUDGES: Thompson, Selya, and Kayatta

17-2202 Michael Gould, et al. v. Mark Morgan, et al.
Appellants 10 min. Appellees 10 min.




Update by Charles Nichols – July 16, 2018, – The judges assigned to the panel that will decide this case are: Thompson, Selya, and Kayatta.  Two of these judges are Obama nominees which means the outcome of this appeal is predictable.  Thompson (Obama) is the most senior active judge which typically means that if he is in the majority then he will decide who writes the decision.

Given that each side has been allocated just ten minutes, this indicates that the panel has likely already made up its mind.

Update by Charles Nichols – July 5, 2018, – This page created.

 




Current composition of the court

As of July 5, 2018, the active judges on the court are as follows:[2]

Four judges currently serve on the court on senior status[2] and retired Supreme Court Justice David Souter has sat by designation.[3][4]

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
29 Chief Judge Jeffrey R. Howard Concord, NH 1955 2002–present 2015–present G.W. Bush
21 Circuit Judge Juan R. Torruella San Juan, PR 1933 1984–present 1994–2001 Reagan
27 Circuit Judge Sandra Lynch Boston, MA 1946 1995–present 2008–2015 Clinton
30 Circuit Judge O. Rogeriee Thompson Providence, RI 1951 2010–present Obama
31 Circuit Judge William J. Kayatta Jr. Portland, ME 1953 2013–present Obama
32 Circuit Judge David Jeremiah Barron Boston, MA 1967 2014–present Obama
18 Senior Circuit Judge Levin H. Campbell inactive 1927 1972–1992 1983–1990 1992–present Nixon
22 Senior Circuit Judge Bruce M. Selya Providence, RI 1934 1986–2006 2006–present Reagan
25 Senior Circuit Judge Michael Boudin Boston, MA 1939 1992–2013 2001–2008 2013–present G.H.W. Bush
26 Senior Circuit Judge Norman H. Stahl Boston, MA 1931 1992–2001 2001–present G.H.W. Bush
28 Senior Circuit Judge Kermit Lipez Portland, ME 1941 1998–2011 2011–present Clinton
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