Nichols v. Newsom

Supporting California’s open-carry restrictions.

Court: Ninth Circuit

Issue at Stake: Public carry

Summary: Nichols v. Newsom is a challenge to California’s prohibition on the open carrying of loaded firearms in populated areas. The plaintiff argues that the law violates his Second Amendment right to bear arms.

Everytown filed this brief in the United States Court of Appeals for the Ninth Circuit, urging the court to affirm the district court’s decision upholding California’s restrictions on open carry. The brief presents the centuries-old Anglo-American tradition of restricting public carry, arguing that California’s law is longstanding and thus constitutional under the framework established by District of Columbia v. Heller.

Decision: On September 12, 2022, the Ninth Circuit vacated the district court’s judgment and remanded for further proceedings consistent with the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen.

Case Documents