California Right To Carry
Regular Member
Both the California Attorney General and an Amicus (The California Peace Officers Association and California Police Chiefs Association) filed petitions for an en banc review of the Peruta decision on the very last day of the deadline (Feb. 27). Technically the AG filed a motion and a proposed petition but I will leave that up to those who enjoy splitting hairs to quibble over.
AG Harris made no mention of my Open Carry lawsuit (Nichols v. Brown) but the Amicus mentioned it eight times. No amount of publicity could have substituted for that.
Which raises an interesting possibility. Given that I already have the denial of my preliminary injunction on appeal and mine is a pure Open Carry case, it would promote judicial economy for my appeal to be heard at the same time before the same en banc panel.
Links to the en banc petitions can be found here.
Charles Nichols - President of California Right To Carry
"[A] right to carry arms openly: "This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations."" District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2809.
"Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues." District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2816.
AG Harris made no mention of my Open Carry lawsuit (Nichols v. Brown) but the Amicus mentioned it eight times. No amount of publicity could have substituted for that.
Which raises an interesting possibility. Given that I already have the denial of my preliminary injunction on appeal and mine is a pure Open Carry case, it would promote judicial economy for my appeal to be heard at the same time before the same en banc panel.
Links to the en banc petitions can be found here.
Charles Nichols - President of California Right To Carry
"[A] right to carry arms openly: "This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations."" District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2809.
"Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues." District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court (2008) at 2816.