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Nichols v. Brown: #2:2011cv09916
On March 3, 2013 Federal Judge S. James Otero denied the motion to dismiss by California Attorney General Kamala Harris noting that Mr. Nichols violates that state's ban on openly carrying a loaded firearm the moment he steps outside of his home. Judge Otero added that unless the Attorney General promises not to enforce the law, she cannot be dismissed from the lawsuit.
Mr. Nichols filed an Amended Complaint challenging the recently enacted Unloaded Open Carry bans as well as the ban on Loaded Open Carry. He also filed a motion for a preliminary injunction.
Today, the Attorney General filed her Answer to the Complaint. Not only did she not promise not to enforce the law, she admits that she does indeed enforce the challenged statutes.
A hearing on the motion for a preliminary injunction is scheduled for May 20th in Los Angeles.
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