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DonP

(6,185 posts)
Sat Feb 22, 2014, 01:11 AM Feb 2014

San Diego Sheriff will not seek 9th Circuit en banc in Peruta right to carry case.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/21/san-diego-sheriff-will-not-seek-9th-circuit-en-banc-in-peruta-right-to-carry-case/#comments

"Late this afternoon, the San Diego County Sheriff’s Office issued a press release (link to press release available on Washington Post site) announcing that it will not seek en banc review of the Peruta decision, which was issued last Friday by a 2-1 panel of the Ninth Circuit. Peruta requires that the exercise of the Second Amendment right to carry a licensed firearm for lawful self-defense be considered “good cause” under the California statute providing for the issuance of concealed carry permits.

The press release is silent about the possibility of filing a petition for a writ of certiorari. The deadline for filing such a petition is 90 days from the entry of judgment, which was February 14 in the Peruta case.

Assuming that there is no certiorari petition in Peruta, and no sua sponte en banc, things will continue as usual in the California counties that were already issuing carry permits in compliance with the principles that the Second Amendment includes the right to bear arms. But other counties–such as Los Angeles and San Francisco–will have to follow San Diego’s lead and begin issuing permits to ordinary, law-abiding citizens who pass the requisite background checks and safety training requirements.

Earlier Friday Orange County officials said they are already abiding by the decision in issuance of CCW permits.

The decision will also impact Hawaii, Guam and the Marianas Island's issuance policies.
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petronius

(26,602 posts)
3. Looks like Puerto Rico is covered by the 1st Circuit
Sat Feb 22, 2014, 02:13 AM
Feb 2014

Which seems geographically a bit strange, to have PR in with ME, MA, RI, and NH...

petronius

(26,602 posts)
2. Reading the Sheriff's letter, it doesn't sound like he plans to petition to the USSC
Sat Feb 22, 2014, 02:10 AM
Feb 2014

either, but I'd be really surprised if the 9th doesn't take it up for a full hearing anyway - it just seems like too big, too current, and too divided of a topic to let it sit.

I also wonder if other counties (or states) can petition to the full court, since it does have far-reaching effects...

(Caveats: IANAL, and I approve of this decision.)

hack89

(39,171 posts)
4. I suspect the 9th will look at Heller and pass on a full hearing
Sat Feb 22, 2014, 10:32 AM
Feb 2014

why set yourself up for a Supreme Court smack down.

 

DonP

(6,185 posts)
5. The judges can decide on their own to review en banc
Sat Feb 22, 2014, 12:08 PM
Feb 2014

That's what "sua sponte" is. One judge asks for a vote from the entire court of active judges whether to review or not. Very, very rare though.

It may be like Illinois, where NY, Cali, MAIG and Brady all pressured Lisa Madigan IL AG behind the scenes not to request an en banc hearing or request "cert" to go to SCOTUS on Shepard v. Madigan, because they feared the result would be a smackdown, once and for all, on May Issue.

When you read the 9th's decision in detail, they have good reasons to stall the process and fear a final judgement by SCOTUS.

The irony though is that if the gun control geniuses would have just left the CA "Open Carry unloaded" law in place, this never would have happened. The lower court had ruled against Peruta because they had that Open Carry option. On appeal, the law had been changed to ban open carry completely and the court reversed. Talk about unintended consequences and over reaching.

Remember when our West Coast Control fans were all in a tizzy over open carry in Starbuck"s, and it "had to be stopped now"! Well, now they're getting carry, like it or not, and they won't know who is carrying.

ileus

(15,396 posts)
6. Life Safety is all the cause needed.
Sat Feb 22, 2014, 01:03 PM
Feb 2014

The government shouldn't be in the business of deciding your level of personal safety.

While many would like to decide my families safety, no one can decide what's best 8, 300, or 500 miles away.

 

DonP

(6,185 posts)
7. Hell, why not! LOL
Sat Feb 22, 2014, 01:30 PM
Feb 2014

People far way making decisions for us just don't cut it and I give them all the credibility they deserve ... both jack and shit!

I've spent a lot of time in Springfield IL working in support on the new CCW law for the last couple of years. All that time gun controllers sat back and wrote angry posts and waited for checks from Bloomberg. Two different versions of activism I guess.

Now, I have people here that have never set foot in or near the state telling me what's "really" happening here and why there really are no new gun buyers in Illinois, in spite of a quarter million new FOID card holders.

I've reached the point now where I'm just ignoring the total idiots who are ignoring the reality right in their face, like the dropping violent crime rate.

One truly desperate response this week that made me fall out of my chair laughing; "How do you know you can trust the DoJ and FBI crime figures?" Yeah, Eric Holder is obviously an NRA Shill.

Let's be honest, the high point of the week for the five remaining Castle Bansalot fans are the new cartoons or a rehash of another old Hemenway "research study".

X_Digger

(18,585 posts)
11. Just got a letter from a friend in San Diego..
Sat Mar 1, 2014, 01:42 PM
Mar 2014

He dropped off his application the other day, and saw that the room was packed with applicants. They had started off with scheduling four interviews a day- obviously THAT isn't going to work.

I wonder if California will start aggregating offenses by permit holders like Texas and Florida do.

 

DonP

(6,185 posts)
12. The speculation is that Kamala Harris is doing this for show
Sat Mar 1, 2014, 03:32 PM
Mar 2014

She has recused herself from every other 2nd amendment case that's come up since she's been in office, saying it's a County matter not a state issue.

Now, suddenly, she wants to appeal the decision with a lot of publicity.

Having read the opinion, her only practical course seems to be to claim Heller and McDonald were wrongly decided and therefore don't apply to any state.

I don't see that going very far, unless the circuit wants another overturn and spanking by SCOTUS to set some sort of record.

I think, for political purposes, she needs to be able to point to her action to say "See, I tried to get it overturned" when she runs for Gov. or Sen.

pablo_marmol

(2,375 posts)
14. Looks like you & I have the same take on this Don.......
Sun Mar 2, 2014, 04:38 AM
Mar 2014

"I think, for political purposes, she needs to be able to point to her action to say "See, I tried to get it overturned" when she runs for Gov. or Sen."

Smells like political posturing to me as well.
 

Eleanors38

(18,318 posts)
15. She wants higher office, but discovered gun-control won't get her there.
Sun Mar 2, 2014, 12:01 PM
Mar 2014

San Francisco is not the world en banc.

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