Peruta To Be Reconsidered By 9th Circuit COA

[alsaqr]

An 11 judge panel of the 9th Circuit COA will take another look at their previous Peruta ruling.

A federal appeals court will reconsider last year's controversial ruling that would have dramatically loosened California's restrictions on carrying concealed firearms.

In a brief order filed Thursday, the 9th U.S. Circuit Court of Appeals agreed to take a second look at the so-called Peruta case with a special 11-judge panel. The order effectively scraps a February 2014 decision that invalidated the San Diego County sheriff's strict guidelines for concealed-carry gun permits. And for now the order preserves similar limits in the Bay Area and elsewhere enforced by local sheriffs.

A majority of the 9th Circuit's 29 fulltime judges had to vote in favor of rehearing the case with an 11-judge panel. In a separate order, the court also agreed to reconsider a related case out of Yolo County. The court will hear arguments in the cases the week of June 15.

http://www.mercurynews.com/crime-courts/ci_27792746/california-concealed-gun-ruling-be-reconsidered

 

[Librarian]

Docs here: http://michellawyers.com/guncasetracker/perutavsandiego/

Oral arguments scheduled for the week of June 15, 2015.

 

[MikeS.]

As a Fresno, Calif. native this is of interest to me.

How do you folks think this 11 judge panel will rule?

 

[lilguy]

Here's what happened in illinois.
http://en.m.wikipedia.org/wiki/Moore_v._Madigan

I've been carrying for a year now, never thinking Id live long enough to see it happen.

You have many more left coast social engineers deciding your fate now.
IMHO that does not bode well for a favorable outcome. Some admire California
for being in the vangard of social evolution. I keep rooting for the San Andreas
fault to let loose.

 

[Rmeju]

This is really disappointing, although I can't say I'm shocked.

Maybe they'll affirm, but I'm not holding my breath.

 

[armoredman]

The momentary breath of sanity is gone. I heard this also allows the Cali AG to intervene as well, so at the end of this, I don't doubt for one minute that they will rule in favor of the original law. We'll see.

 

[Red Wind]

Once you have 11 members of the 9th Circuit together, the results generally will be negative for the 2nd Amendment of the Constitution.

But hope springs eternal and miracles do happen. I believe.

 

[usmarine0352_2005]

Wouldn't it be better to have if overturned so there will be a split in the courts and thus a better chance that SCOTUS will hear it?

 

[steve4102]

Isn't the original ruling already a "split" with the east coast Circuit?

 

[Somewhere in NM]

NRA-ILA thinks Peruta is headed for the Supreme Court, regardless of the outcome of this appeal.

https://www.nraila.org/articles/20150326/california-the-battle-for-shall-issue-is-on

 

[Twiki357]

It seems that some of the three judge panels of the 9th circuit have not been totally anti-gun the last few years. But, I don’t know about the full 11 judge monstrosity. In one way, I hope that Peruta prevails. But, on the other hand I would prefer to see it confirmed by SCOTUS so that it would apply nationwide.

 

[F-111 John]

But, on the other hand I would prefer to see it confirmed by SCOTUS so that it would apply nationwide.

Wouldn't that make heads spin in NJ and NYC.

 

[Red Wind]

It seems that some of the three judge panels of the 9th circuit have not been totally anti-gun the last few years. But, I don’t know about the full 11 judge monstrosity. In one way, I hope that Peruta prevails. But, on the other hand I would prefer to see it confirmed by SCOTUS so that it would apply nationwide.

Sounds good. But what will the makeup of SCOTUS be if/when when it arrives?

Death and retirement changes the whole landscape in an eyes blink. We have a generally 5-4 court. One tilt and all is in the looking glass.

 

[Somewhere in NM]

Another thing to consider. SCOTUS doesn't grant cert to many cases. If they don't in this case, whatever the 9th decides stands until a future relevant case is decided by them.

 

[armoredman]

Since SCOTUS refused to hear that Cali case on the 1st Amendment in school, the Cinco de Mayo American flag case, I wonder if that will have bearing, since the lower court held that a core fundamental right like the 1st Amendment can basically be held irrelevant if there is fear of violence. If they can figure out how to incorporate that ruling, will things go downhill even faster? Any real lawyers want to sing out and see if that theory holds any water at all?

 

[Arizona_Mike]

Since SCOTUS refused to hear that Cali case on the 1st Amendment in school, the Cinco de Mayo American flag case, I wonder if that will have bearing, since the lower court held that a core fundamental right like the 1st Amendment can basically be held irrelevant if there is fear of violence. If they can figure out how to incorporate that ruling, will things go downhill even faster? Any real lawyers want to sing out and see if that theory holds any water at all?

While I think the ruling was wrong (and the ban also violated a California statues both sides and the court "missed"), it was specifically in the context of a school. Tinker seems to have been a high water mark for student speech and the tide has been running out for decades. Much more disturbing is the 6th Circuit endorsement of heckler's veto among adults outside of a school context in Bible Believers v. Wayne County. Wayne Country and Dearborn-istan have no idea what the First Amendment is and have lost decision after decision over the years but this time they got lucky.

Mike