Nichols Vs. Newsom (was Brown) update...

[Elgatodeacero]

this entire 2nd Amendment litigation exercise now seems pretty pointless in the face of denial of cert in Keo v. Mass.?

https://www.supremecourt.gov/DocketPDF/23/23-5868/285515/20231019110317352_Nicky%20Keo%20Cert%20Petition.pdf

[AlmostHeaven]

Infuriating but not unexpected, the Supreme Court only grants certiorari to about 100 cases per term, out of a pool of over 8,000 petitions.

[abinsinia]

MINUTES (IN CHAMBERS ORDER LIFTING STAY and Setting New Case Management Deadlines by Magistrate Judge Karen E. Scott.IT IS THEREFORE ORDERED that the stay of this action is lifted. In light of the five-month stay of these proceedings, the deadline to complete discovery is hereby extended by fivemonths from today's date, and all other deadlines are extended accordingly (as set forth below). All other provisions of the December 9, 2022 Case Management and Scheduling Order remain in effect.(see document for details) MD JS-5 Case Reopened. (mba) (Entered: 01/11/2024)

New dates for briefings and hearings.

[AlmostHeaven]

I thought when the Supreme Court rejects a petition for certiorari, the case ends. Instead, Nichols v. Newsom has returned to the district court? Have the appeals been interlocutory?

[abinsinia]

I thought when the Supreme Court rejects a petition for certiorari, the case ends. Instead, Nichols v. Newsom has returned to the district court? Have the appeals been interlocutory?

Yes. I think he had a final judgement from the district court prior to Bruen then they vacated that.

[snailbait]

There may have never been a final judgement.

https://www.courtlistener.com/docket/4147865/193/charles-nichols-v-edmund-g-brown-jr/

[AlmostHeaven]

I see. If the petition for certiorari existed on an interlocutory basis, then I feel even less surprised that the Supreme Court denied the application.

[Paladin]

https://youtu.be/1wJzeZLIyDE?si=Av84sdHNeTnRiVZI

[Sgt Raven]

https://youtu.be/1wJzeZLIyDE?si=Av84sdHNeTnRiVZI

Historically Nichols is right.
But as in Heller, where handguns are the preferred choice of Americans today, even though historically they were not.

[7.62mm_fmj]

Yea but could the argument be tailored more specifically? Like OC bans in certain cities may be lawful, but not outside a city.

[TruOil]

Historically Nichols is right.
But as in Heller, where handguns are the preferred choice of Americans today, even though historically they were not.

True, but there are now a majority of states that have so-called "constitutional carry," and this will likely influence the decision--if a case raising the issue ever gets there. At the rate his case is going, I have to wonder if Nichols will live to see that day.

[abinsinia]

NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant Robert Bonta. Motion set for hearing on 9/17/2024 at 10:00 AM before Judge Sunshine Suzanne Sykes. (Hasan, Iram) (Entered: 07/24/2024)

https://storage.courtlistener.com/recap/gov.uscourts.cacd.518404/gov.uscourts.cacd.518404.204.0.pdf

MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 204 Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment filed by Defendant Robert Bonta. (Hasan, Iram) (Entered: 07/24/2024)

https://storage.courtlistener.com/recap/gov.uscourts.cacd.518404/gov.uscourts.cacd.518404.205.0.pdf

[abinsinia]

They seems to completely miss the fact that this case is about open carry of a shotgun and not about handguns.

[7.62mm_fmj]

Ah let's flip Bruen on it's head and sneak in "unlicensed" at the first step. The AG will AG.

unlicensed, open carriage of firearms.

[mshill]

Ah let's flip Bruen on it's head and sneak in "unlicensed" at the first step. The AG will AG.

unlicensed, open carriage of firearms.

"unlicensed, open carry" ======> keep (without permission from .gov) and bear (not limited to a particular method) arms
soo, I'm gonna say they are wrong. Do they have an issue with reading comprehension... cause it seems pretty clear to me.