if you've ever donated to Charles Nichols's lawsuit, you should be receiving his newsletter, in which he has recently stated:

The short version is that anyone, except for me and Mr. Young, can walk into any police station (in California any police station or county sheriffs department) and demand both an application and license for a handgun Open Carry license.

When the police chief and/or county sheriff refuses to give you an application and a license, you (and your competent attorney) can file a Federal lawsuit demanding that you be issued the license and every Federal district court and magistrate judge is bound to apply the Young v. Hawaii decision to your lawsuit even though the police chiefs and sheriffs are not bound by the decision in Young.

I highly recommend that you read my article linked above. The short version of the article is that you can be arrested, prosecuted, convicted, fined and jailed were you to openly carry a firearm anywhere in the 9th circuit where there is a state or local Open Carry ban. That will remain true until a Federal judge issues an injunction against the ban, or unless the legislature or local government repeals its ban which isn't going to happen in California or Hawaii.

Of course, anyone who files a lawsuit based on the Young v. Hawaii decision should have a competent attorney AND be prepared to appeal should he lose in the district court because he will only get the one chance. Barring some subsequent US Supreme Court decision, as occurred during Mr. Young's quest for his permit/license, having lost in the district court and not filing an appeal (or losing on appeal) means one won't get another bite at the apple.

I can't do this for various reasons I won't go into. but I'll be glad to kick in a few bucks if you want to go this route, and you promise to actually open carry when you win.

Back to blog or home page

last updated 2018-08-08 00:36:57. served from tektonic.jcomeau.com