Ninth Circuit Orders En Banc Review of Peruta, Richards Rulings

[Slobray]

This from a <broken link removed> email blast:

In orders released moments ago, the Ninth Circuit Court of Appeals has ordered en banc rehearings in the landmark right-to-carry cases Peruta v. San Diego and Richards v. Yolo County Sheriff Ed Prieto.
From the filed orders: . . .
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.
It is unclear if the cases will be heard separately or if they will be consolidated by the Court. A request to intervene by California Attorney General Kamala Harris remains pending.
A copy of the Court's orders can be viewed <broken link removed> (Peruta) and <broken link removed> (Richards).

The Law Center against Gun Owners are touting this as a win for them as they have been "filing several amicus briefs throughout the litigation". http://smartgunlaws.org/more-good-news-from-the-courts-ninth-circuit-to-rehear-peruta/

This was a good win for gun owners everywhere, which was suprising, coming from the 9th Circus. I hear that the lone dissenting justice is now the chief justice and is weilding the power to push his dissent beyond the panel. I also beleive that bloomie used his money to buy a couple of more judges in the 9th Circus.



Ray

Read More

 

[Michael Js]

CA is screwed! I can't wait to leave...I pray it doesn't continue to follow up the coast - where we're working on going...

Sad...Your rights? not!

Ed Peruta wrote a good reply on our local Forum:

Quote:
Edward Peruta

I have this comment regarding today's ruling from the Ninth Circuit:

San Diego Sheriff Bill Gore has had the authority to issue Concealed Carry Permits to any non prohibited individual in San Diego County since before my application in 2008.

What I find hard to understand is the fact that every individual in California who possesses a valid Concealed Carry Permit, particularly those in Orange County to the north, are permitted by law to carry a concealed firearm for self defense in San Diego County while law abiding residents of San Diego County are denied the equal right to do likewise.

Sheriff Gore by denying law abiding residents of San Diego the right to carry firearms demonstrates his absolute disrespect for rights of every citizen in San Diego county.

I believe that every law abiding resident of San Diego County should be able to exercise their Second Amendment Right to carry a firearm for self defense, and thank the NRA for their continued support in my case.

Regardless of what the Ninth Circuit Court of Appeals decides in my case, the fact that Sheriff Gore has issued Concealed Carry Permits to those who are politically, socially or financially connected to San Diego politics is a matter of great concern that every resident of San Diego should be concerned with.

Ed Peruta

 

[defending fathers 1787]

Peruta vs San Diego update.

Any comments on the last hearing?
1. The words the attorney from the State of CA uses to describe how citizens can carry outside of the home in CA is hilarious. The rebuttal was great at the end describing the actual law and consequences in CA.

2. A few of the liberal judges on the panel are going to be in a bind when they vote. Many have past judicial writings on other types of cases that they do not want to apply to this case. I think only a couple will be consistent and then it will be part of a SCOTUS case in future years.

Interesting viewing. The first few minutes are silent.