Help Charles Nichols to Overturn California’s Bans on Openly Carrying Loaded and Unloaded Firearms in Public

My California Open Carry lawsuit was filed in Los Angeles on November 30, 2011. My lawsuit seeks to enjoin California's bans on openly carrying handguns, rifles, and shotguns for the purpose of self-defense in public and on private, residential property.

My lawsuit is the first and only lawsuit challenging California's bans on openly carrying handguns, rifles, and shotguns.

The California courts have construed the bans to include private property. One can "have" a loaded firearm on his private property, but he may not carry a loaded firearm on his private property, according to the California courts.

My lawsuit is a textbook example of lower court judges flagrantly defying the United States Supreme Court.

For example, on May 1, 2014, now retired District Court Judge Samuel James Otero entered a final judgment in favor of the state of California. It took me nearly a decade to have that judgment reversed. On September 12, 2022, a three-judge panel of the 9th Circuit Court of Appeals reluctantly reversed and remanded my case back to the district court for "proceedings consistent with NYSRPA v. Bruen." The Supreme Court case that held we have the right to bear arms in public.

At the time, the average time for an appeal to be decided was one year from the filing of the notice of appeal to a decision by a three-judge panel of the 9th Circuit Court of Appeals.

My appeal took 8 years, 3 months, and 16 days.

The fix was in. On remand, my lawsuit was assigned to a Woke district court judge in a then two judge courthouse, in another county over seventy miles from where I reside. Since then, the district court judge and her magistrate judge assistant have refused to comply with the Court of Appeals order remanding my case.

On April 9, 2019, Mark Baird, who resides in northern California, filed his own lawsuit. His lawsuit challenges only California's bans on openly carrying loaded and unloaded handguns.

Although Mr. Baird initially won before a three-judge panel, his lawyer petitioned for his win to be vacated and reheard en banc!

When one wins on appeal everything his lawsuit sought, as Mr. Baird won, it was insane for his lawyer to to petition to vacate his win. But she did.

Her petition was granted, and the case was reheard before an eleven-judge en banc panel of the 9th Circuit Court of Appeals on June 3, 2026.

Two things we can be fairly certain about is that my lawsuit will not progress until their is an en banc decision in the Baird v. Bonta case, and that en banc decision in Mr. Baird's appeal will hold that there is no right to openly carry a handgun in public.

You might want to ask the so-called gun-rights groups why they have not filed lawsuits challenging California's Open Carry bans, and ask them why they argued in their concealed carry lawsuits that California's bans on Open Carry are constitutional.

Please support my fight to restore the Second Amendment in California by donating here.