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Posted: 3/27/2015 1:52:20 PM EDT
Thursday, March 26, 2015


Federal Appeals Court will Re-Consider NRA Victory in California Right to Carry Case, Peruta v. San Diego

Litigation Update

On March 26, 2015, the Ninth Circuit Court of Appeals ordered that Peruta v. San Diego will be re-heard by an eleven-judge “en banc” panel.  In February 2014, the NRA and CRPA sponsored Peruta case resulted in a monumental ruling by a three-judge panel of the Ninth Circuit. That decision held that the San Diego County Sheriff’s policy of refusing to issue licenses to carry firearms in public unless an applicant could demonstrate a special need was an unconstitutional violation
of the Second Amendment.


https://www.nraila.org/articles/20150326/california-the-battle-for-shall-issue-is-on
Link Posted: 3/27/2015 3:31:51 PM EDT
[#1]
Link Posted: 3/27/2015 3:37:14 PM EDT
[#2]
Link Posted: 3/27/2015 5:45:59 PM EDT
[#3]
Open carry on public lands is out the window.

Now, we're begging for an expensive permit, to exercise our "rights".  

How long till liberals discover that hunters use icky guns on public land?
Link Posted: 3/27/2015 7:39:56 PM EDT
[#4]
Already a thread on this, though not with as much info.
http://www.ar15.com/forums/t_8_11/579440_Peruta_goes_En_Banc.html
Link Posted: 3/28/2015 12:37:05 PM EDT
[#5]
and how is this good news?
Link Posted: 3/28/2015 11:28:38 PM EDT
[#6]
Well , it's moving, not stalled.  If we win here, it will be based on cases already heard and decided by SCOTUS, and things will move forward in most dilatory counties.  Most counties can only afford to fight a few knowingly losing cases before they give up.  Appealing to SCOTUS to rule against several of their rulings is not a good idea. So that should go for us also.  If the State wins, we go to SCOTUS to have them rule again on what they've ruled before.  So although it's taking time, it appears we are about to be at the end of the line, with apparently SCOTUS on our side.
Link Posted: 3/29/2015 1:18:28 AM EDT
[#7]
the 9th circuit will almost certainly reverse itself.  the supreme court is under no obligation whatsoever to accept review of whatever the result.  

Link Posted: 3/29/2015 6:44:54 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
the 9th circuit will almost certainly reverse itself.  the supreme court is under no obligation whatsoever to accept review of whatever the result.  

View Quote


This is my thoughts as well.
Link Posted: 3/29/2015 8:51:22 PM EDT
[#9]
That's true they don't have to, but there are cases working up in several circuits based on a variety of SCOTUS, where the states are in disagreement with the rulings, and some like here where the first ruling agreed with SCOTUS, SCOTUS could clear a lot of these up by re-affirming and clarifying Heller etc that carrying is a right that shall not be infringed, that you can allow concealed or open or both but you can't deny all except within a very narrow framework.
Link Posted: 3/30/2015 4:54:44 AM EDT
[#10]
OP calls this good news in title. I'm not so optimistic.

FBHO
Link Posted: 3/30/2015 8:47:32 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
OP calls this good news in title. I'm not so optimistic.

FBHO
View Quote


its very bad news.
Link Posted: 3/31/2015 5:57:17 PM EDT
[#12]
If the Peruta decision is upheld by the en banc panel, all of the states and territories in the Ninth Circuit would also have to review their license issuance policies, and revise them to conform to the Peruta decision. The Ninth Circuit includes Alaska and Arizona (“constitutional carry” states), Idaho, Montana, Nevada, Oregon and Washington (“shall issue” states).  It also includes Guam, which has already changed its policy in light of Peruta. And it includes California and Hawaii, the outliers.
Link Posted: 3/31/2015 7:32:53 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If the Peruta decision is upheld by the en banc panel, all of the states and territories in the Ninth Circuit would also have to review their license issuance policies, and revise them to conform to the Peruta decision. The Ninth Circuit includes Alaska and Arizona (“constitutional carry” states), Idaho, Montana, Nevada, Oregon and Washington (“shall issue” states).  It also includes Guam, which has already changed its policy in light of Peruta. And it includes California and Hawaii, the outliers.
View Quote


Hawaii went down this road right behind us, but their path has been a bit different in Baker v. Kealoha.
Link Posted: 4/3/2015 12:58:52 PM EDT
[#14]
Good luck, guys!
Link Posted: 4/16/2015 12:51:03 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What kind of country do we live in where you need special circumstances to use a Constitutionally recognized right?
View Quote



Look who the SD county sheriff is and his history.  He is a criminal.  

The denial of carry rights precedes him.  I recall that a woman worried about getting raped could not get a permit in SD.  If she had been raped, she could get a permit.  Great mental midgets right there.  

Good luck folks!  Anyone who thinks not joining the NRA, needs to be aware of their fight here.
Link Posted: 4/16/2015 8:31:19 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Look who the SD county sheriff is and his history.  He is a criminal.  

The denial of carry rights precedes him.  I recall that a woman worried about getting raped could not get a permit in SD.  If she had been raped, she could get a permit.  Great mental midgets right there.  

Good luck folks!  Anyone who thinks not joining the NRA, needs to be aware of their fight here.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What kind of country do we live in where you need special circumstances to use a Constitutionally recognized right?



Look who the SD county sheriff is and his history.  He is a criminal.  

The denial of carry rights precedes him.  I recall that a woman worried about getting raped could not get a permit in SD.  If she had been raped, she could get a permit.  Great mental midgets right there.  

Good luck folks!  Anyone who thinks not joining the NRA, needs to be aware of their fight here.


He was the handpicked successor of the previous, pretty much pickled sheriff for life.
And there will surely be another idiot selected when he retires or dies.
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