Nichols v. Brown - New CA Open-Carry Civil Rights Lawsuit Filed

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Charles is a smart guy. Too bad his condescending atitude towards the rest of us minimizes and diminishes his arguments.

    I stopped reading his stuff on OCDO because of it.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Predicting which cases the Supreme Court will or will not take is a fools game. Everyone will be wrong, like predictions about Trump.

    I think that the Peruta panel decision has merit and more persuasive (carry is a right regardless of method), but I also honestly see the merit it the historical argument that open carry is the traditional way this right has been recognized and codified in state constitutions.

    Also like Trump, the argument appears to be tied up in the character and trolling of the messenger. :rolleyes:

    I am personally rooting for either argument to win at some point on the theory that some win is better than none.

    But my money is not on either of these cases, my money says Baker has a better shot. Although I think HI might concede at the last minute and adopt a CA type law, which will restart the process.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Predicting which cases the Supreme Court will or will not take is a fools game. Everyone will be wrong, like predictions about Trump.

    I think that the Peruta panel decision has merit and more persuasive (carry is a right regardless of method), but I also honestly see the merit it the historical argument that open carry is the traditional way this right has been recognized and codified in state constitutions.

    Also like Trump, the argument appears to be tied up in the character and trolling of the messenger. :rolleyes:

    I am personally rooting for either argument to win at some point on the theory that some win is better than none.

    But my money is not on either of these cases, my money says Baker has a better shot. Although I think HI might concede at the last minute and adopt a CA type law, which will restart the process.

    I hope to go to the Supreme Court with Baker but I personally think the DC cases have the best shot at getting cert. For one thing I don't even think that Hawaii actually has the will to take it up that far assuming I win Baker.
     

    California Right To Carry

    Banned
    BANNED!!!
    Mar 4, 2014
    12
    I worked with the Office of the Solicitor General of the United States (that's the Department of Justice) on an every day basis for 33 years (I retired a month ago).

    I noticed that you didn't attach one of your"been there done that" cert petitions.

    As to the merits of whether a petition might be granted in Peruta, you may well be right that the petition will be denied. To some extent, that may well depend on who the President Elect nominates to the Court.

    Scalia's replacement, assuming he is eager to overturn 475 years of prohibitions on concealed carry which includes its own precedents, is just one vote. As you said, it takes four votes to grant cert and five votes to prevail.

    Every time a concealed carry case files a cert petition with SCOTUS, the refrain is the same from some corners, that victory is at hand. My favorite was the chorus that losing these concealed carry appeals was all part of a secret plan to win.

    I acknowledge that you did not say in your post that cert will be granted but it would be nice if others who make that claim would list the four justices who will vote to grant a concealed carry cert petition followed by a list of the five justices who are going to vote in favor of concealed carry.

    The only justice who hasn't weighed in on the Heller decision is Kagan and a newfound fondness for hunting does not make one a supporter of the Second Amendment. But let us assume that both she and Trump's appointment are willing to vote for concealed carry, two votes and 50 cents won't buy a cup of coffee.
     

    California Right To Carry

    Banned
    BANNED!!!
    Mar 4, 2014
    12
    I hope to go to the Supreme Court with Baker but I personally think the DC cases have the best shot at getting cert. For one thing I don't even think that Hawaii actually has the will to take it up that far assuming I win Baker.

    You should have clarified that you have already told the court that you asked for a remand in Baker and promised not to file any more preliminary injunction appeals.

    Which means that it won't be your preliminary injunction appeal which you would appeal to SCOTUS but your loss on final judgment, a loss which has to go through the court of appeals all over again before you are in a position to file a cert petition.

    By then, of course, Nichols v. Brown will have been decided and the decision in my case will be controlling here in the 9th Circuit.

    But tell us more about your other pending appeal, Young v. Hawaii. :lol:
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    Norton be like:
    latest


    Perma-ban this time?
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    You should have clarified that you have already told the court that you asked for a remand in Baker and promised not to file any more preliminary injunction appeals.

    Which means that it won't be your preliminary injunction appeal which you would appeal to SCOTUS but your loss on final judgment, a loss which has to go through the court of appeals all over again before you are in a position to file a cert petition.

    By then, of course, Nichols v. Brown will have been decided and the decision in my case will be controlling here in the 9th Circuit.

    But tell us more about your other pending appeal, Young v. Hawaii. :lol:

    That simply is an incorrect statement of the law. You don't actually believe the Supreme Court does not have jurisdiction to hear a preliminary injunction do you? That is what you are essentially saying.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    It's almost like Dreamer from OCDO came back from banned world.

    2 sanctimonious pric*s gone.

    Thanks Norton.
     
    Last edited:

    krucam

    Ultimate Member
    I honesty want Mr Nichols' input here and hope a time out isn't necessary. All of us would love to have the current concealed train of thought replaced with a generic "carry" or "open carry" being ruled as in line with the "Bear" aspect of the 2A. To not appreciate that avenue would be fool hardy.

    Coming in with a chip on ones shoulder and fighting against those who would wish him well and laying out the condescending snarky quips is uncalled for. I'll get off my stump...at thend of the day, we are all on the same team here...
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Me too Mark. But as I stated, his attitude diluted my interest to the point where I actually stopped being interested at all. Not a great method of garnering support IMO. Even though it is very important to most of us

    I doubt a spot change is coming.

    too bad.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    I wonder if CA9 is waiting to see what happens after Trump is sworn in to see what way they will go with their answer. Also correct me if I am wrong but hasnt 9CA always been the bastard child out of all the appeals courts? creating the most trouble for the SC? What options are left to Mr Brown if CA9 does not answer?
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    I wonder how many openings are their in CA9? If Trump can fill those with those who are for 2A it might help just a tad bit... To bad Trump can't ask those who are against 2A who are getting along in years ,to retire from CA9. I wonder how many times Roberts has done a back channel to CA9 telling them to stop being the troublesome court that they are or just gave them an old fashioned a** chewing because they deserve it..
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I wonder if CA9 is waiting to see what happens after Trump is sworn in to see what way they will go with their answer. Also correct me if I am wrong but hasnt 9CA always been the bastard child out of all the appeals courts? creating the most trouble for the SC? What options are left to Mr Brown if CA9 does not answer?

    Who's Mr. Brown?

    Anyways, predictably CA9 granted the extension for California with no explanation until February 17. Another example of the courts treating the government one way and everyone else another.
    The state was sup posed to file for any extensions days earlier, but chose to do so on the Friday before the Monday it was due.
     

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