Don Kilmer

Background

About Don Kilmer

PUBLICATIONS:• Casebook: Firearms Law and the Second Amendment: Regulation, Rights, and Policy, 3rd. Edition, by Johnson, Kopel, Mocsary, Wallace, Kilmer. Publisher: Wolters Kluwer – Aspen Casebook Series. ISBN-13: 978-1543826814, ISBN-10: 1543826814 (Published October 2021)• Law Review Article: Navigating the Breyer Patch, Georgetown Journal of Law & Public Policy (Winter 2016), 14 Geo. J.L. & Pub. Pol’y 101 (This paper discusses issue related to Civil Procedure in Civil Rights cases.) SIGNIFICANT CASES:Federal Civil Rights – United States District Court• B&L Productions, Inc, et al, v. 22nd District Agricultural Association, et al.USDC-SDCA, Case No: 3:19-CV-00134 CAB-NLS. First Amendment challenge to a ban on gun show activities brought against the owners and operators of the Del Mar Fairgrounds in San Diego County. Federal Criminal Case – District Court• United States v. Early | USDC-EDCA, Case No: 2:12-CR-00207 TLNFederal criminal jury trial with multiple defendants. The case was similar to a case before the U.S. Supreme Court. Abramski v. United States, 573 U.S. An amicus brief in support of Abramski was filed. Mr. Early (my client) was acquitted. Federal Civil Rights - Circuit Court of Appeal• Nordyke, et al, v. King, et al,| 681 F.3d 1041 (9th Cir. 2012)(en banc)A 13 year case argued once to the California Supreme Court, twice to a Ninth Circuit en banc panel and three times to a 3-judge panel. The Second Amendment was found to be applicable to state actors, through the due process clause of the Fourteenth Amendment. The case was stayed by an en banc panel when the U.S. Supreme Court granted certiorari in McDonald v Chicago, 561 U.S. The U.S. Supreme Court validated the Appellants’ position on this issue in McDonald. • Silvester, et al, v. Becerra, et al,| 843 F.3d 816 (9th Cir. 2014)Petition for Certiorari Denied, dissent by Justice Thomas at 138 S. Ct. 945, 2018 U.S. LEXIS 897. Challenge to California’s redundant and ineffectual 10-day waiting period for people who already own and use firearms as part of their work and recreation. The case was won in the trial court after a 3-day bench trial. The 3-judge panel reversed the trial court. The U.S. Supreme Court denied certiorari, with a dissent by Justice Thomas.