Openly Carry Loaded and Unloaded Firearms Bans to Be Briefed September 18th
September 6th marked ten months since three lawsuits seeking licenses to carry concealed handguns were argued and taken under submission for a decision by a three judge panel of the 9th Circuit Court of Appeals. Those three cases are Richards v. Prieto, Peruta v. San Diego, and Baker v. Kealoha.
Prior to this, the 9th Circuit Court of Appeals issued decisions on Second Amendment cases in a matter of weeks, the longest taking three months.
Three other concealed carry cases originating from Los Angeles County, California were fully briefed in December of 2012, January and March of this year. Oral arguments have not even been scheduled in those cases let alone their being taken under submission by the court for a decision. Those three cases are Thomson v. Torrance Police Department et al, Raulinaitis, et al v. LASD and Birdt v. Charlie Beck, et al.
A seventh case originating out of Hawaii, Young v. Hawaii, seeks a permit to carry firearms concealed or openly and was fully briefed in June of this year. It still has not been scheduled for oral arguments.
An eight case originating out of Orange County, California, McKay v. Hutchens, seeks permits to carry concealed handguns and is scheduled for oral arguments on October 7th, 2013. This case involves the appeal of the denial of a preliminary injunction. Despite the 9th Circuit's own rules giving priority to preliminary injunction appeals, oral arguments in the case will not take place until seven months after the appeal was fully briefed. Once oral arguments are heard the case will be taken under submission for a decision and the clock will start ticking again.
A ninth case, which is happens to be the lone case which challenges California's bans on openly carry loaded and unloaded firearms in public, Nichols v. Brown, will be fully briefed on September 18th. This case is also appealing the denial of a preliminary injunction and is therefore (theoretically) entitled to priority consideration.
Nichols v. Brown, brought by Charles Nichols, the President of California Right to Carry, is the only case which would apply to the entire state of California if his case is successful. If any, or all, of the concealed carry cases are successful, which is doubtful given that every Federal Appellate Court decision on concealed carry has upheld restrictions on the carrying of concealed handguns, those decisions would be limited to the California counties and cities which were defendants in the lawsuits.
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