Jump to content


Photo

Ninth Circuit Ruling on Peruta v. Cty. of San Diego


  • Please log in to reply
170 replies to this topic

#121 kwc

    Member

  • Supporting Members Team
  • 3,023 posts
  • Joined: 17-December 13

Posted 19 August 2016 - 01:33 PM

Very encouraging!
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#122 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 24 August 2016 - 06:37 PM

The mandate was issued this morning.  This case is closed, finished, fini, over, dead as a doornail.

 

http://blog.californ...g/?page_id=4712



#123 GTX63

    Member

  • Members
  • 4,070 posts
  • Joined: 19-June 13

Posted 25 August 2016 - 05:14 AM

No legal right to public conceal carry in Cali....



#124 Trevis

    Member

  • Members
  • 2,737 posts
  • Joined: 19-October 07

Posted 25 August 2016 - 09:49 AM

No legal right to public conceal carry in Cali....


Time to open carry. It's one or the other.

"You know, there are some words I've known since I was a schoolboy: 'With the first link, the chain is forged. The first speech censured...the first thought forbidden...the first freedom denied--chains us all irrevocably.' Those words were uttered by Judge Aaron Satie, as wisdom...and warning. The first time any man's freedom is trodden on, we're all damaged..." - Capt. Jean-Luc Picard

 

“But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”

― Lysander SpoonerNo Treason: The Constitution of No Authority

1AApp.jpg


#125 GTX63

    Member

  • Members
  • 4,070 posts
  • Joined: 19-June 13

Posted 25 August 2016 - 10:21 AM

Honestly, in California the antis don't see it that way. To them it is none of the above and those in high state places agree. I'm not sure even the 9th circuit can be forced to conform to consitutional law.  Depending on who sits in the DC throne in a few months, that may expand even farther.



#126 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 15 September 2016 - 04:02 PM

In light of the Peruta v. San Diego en banc decision, the denial of the preliminary injunction in another NRA/CRPA concealed carry case was unanimously affirmed by a three judge panel in the case of McKay v. Hutchens.

 

The NRA can now do one of four things: 1) File a Cert Petition with SCOTUS, 2) File an en banc petition with the 9th Circuit, 3) Continue to argue the case in the district court and appeal the inevitable final judgment or 4) Agree to dismiss its case in the district court.

 

Supplemental briefing has been ordered and the briefs filed in four other concealed carry appeals in the 9th Circuit. The parties were "ordered to provide supplemental briefs in light of the en banc decision in Peruta v. County of San Diego."

 

Raulinaitis v. Ventura County Sheriff

 

Sigitas Raulinaitis, et al v. LASD

 

Jonathan Birdt v. Charlie Beck, et al

 

Robert Thomson v. Los Angeles County Sheriff

 

 



#127 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 12 January 2017 - 04:17 PM

Update by Charles Nichols, President of California Right To Carry – January 12, 2017 at 2:02 PM – San Diego Sheriff Gore’s attorney quickly responded to my request for the cert petition filed in this case. The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry. You can read the cert petition by clicking on the link. It is under today’s update as well as above the fold.
 


#128 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 15,644 posts
  • Joined: 20-February 09

Posted 12 January 2017 - 04:33 PM

Update by Charles Nichols, President of California Right To Carry January 12, 2017 at 2:02 PM San Diego Sheriff Gores attorney quickly responded to my request for the cert petition filed in this case. The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry. You can read the cert petition by clicking on the link. It is under todays update as well as above the fold.
 
Peruta v. San Diego Concealed Carry Appeal 10-56971 - Lost - 6-24-2016 & Onward


I moved your update into the existing Peruta thread so we can keep the discussion cohesive.
.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

#129 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 12 January 2017 - 05:12 PM

 

Update by Charles Nichols, President of California Right To Carry January 12, 2017 at 2:02 PM San Diego Sheriff Gores attorney quickly responded to my request for the cert petition filed in this case. The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry. You can read the cert petition by clicking on the link. It is under todays update as well as above the fold.
 
Peruta v. San Diego Concealed Carry Appeal 10-56971 - Lost - 6-24-2016 & Onward


I moved your update into the existing Peruta thread so we can keep the discussion cohesive.

 

Sorry about that.  I didn't get much sleep last night, had no caffeine and forgot to eat anything today.  The last two I have since rectified since my original post.



#130 mauserme

    Eliminating the element of surprise one bill at a time.

  • Admin
  • 15,644 posts
  • Joined: 20-February 09

Posted 12 January 2017 - 06:42 PM

No worries.
.
Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

Let all bitterness and wrath and anger and clamor and slander be put away from you, along with all malice. (Ephesians 4:31)

#131 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 10 March 2017 - 04:17 AM

Peruta v. California (formerly v. San Diego) is scheduled for the March 24, 2017, conference.

 

Two Weeks!   :laugh:

 

Here is an article I wrote on why the Peruta v. California cert petition will be denied in two weeks.  http://newsblaze.com...petition_75414/

 

 



#132 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 20 March 2017 - 02:07 AM

The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied.  And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. 

 

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.

 

Supreme Court Procedure from SCOTUSblog.


Edited by Charles Nichols, 20 March 2017 - 02:08 AM.


#133 AuroraInstructor

    Member

  • Members
  • 1,155 posts
  • Joined: 28-May 13

Posted 20 March 2017 - 08:35 AM

The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied.  And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. 

 

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.

 

Supreme Court Procedure from SCOTUSblog.

 

Hmmm..... You sound almost happy that we will lose this one....


http://IllinoisGunPros.com
http://facebook.com/...ealedCarryClass
State Certified Concealed Carry Trainer / NRA Certified Instructor
Utah Certified Instructor
<a href="https://www.google.c...hor">Google</a>

#134 lockman

    Member

  • Supporting Members Team
  • 7,348 posts
  • Joined: 07-July 06

Posted 20 March 2017 - 11:08 AM

 

The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied.  And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. 

 

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.

 

Supreme Court Procedure from SCOTUSblog.

 

Hmmm..... You sound almost happy that we will lose this one....

 

 

Either way Peuruta is decied, many gun owners will be thrown under the bus.


"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

Life Member NRA, ISRA,  CCRKBA, GOA, & SAF


#135 Gamma

    Member

  • Members
  • 2,092 posts
  • Joined: 29-December 13

Posted 20 March 2017 - 10:48 PM

The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied.  And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. 
 
The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.
 
Supreme Court Procedure from SCOTUSblog.

Hmmm..... You sound almost happy that we will lose this one....

He's expressed his opposition to concealed carry before on this board. His stated position is there should only be open carry.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#136 MrTriple

    Member

  • Members
  • 1,569 posts
  • Joined: 22-April 13

Posted 21 March 2017 - 02:54 PM

The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied.  And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances.  The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert. Supreme Court Procedure from SCOTUSblog.

Hmmm..... You sound almost happy that we will lose this one....
He's expressed his opposition to concealed carry before on this board. His stated position is there should only be open carry.

As far as I can tell, the only reason the SCOTUS hasn't taken more 2A cases is because of Kennedy. I'm thinking once Trump gets two SCOTUS nominees confirmed then we'll start seeing them taking these cases again.
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

-Hapless

#137 lockman

    Member

  • Supporting Members Team
  • 7,348 posts
  • Joined: 07-July 06

Posted 22 March 2017 - 10:29 AM

 

 

The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied.  And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. 
 
The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.
 
Supreme Court Procedure from SCOTUSblog.

Hmmm..... You sound almost happy that we will lose this one....

 

He's expressed his opposition to concealed carry before on this board. His stated position is there should only be open carry.

 

 

Opposition of concealed carry as an exclusive replacement to open carry is a definite yes. Otherwise not so much. That is my take.


"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

Life Member NRA, ISRA,  CCRKBA, GOA, & SAF


#138 kwc

    Member

  • Supporting Members Team
  • 3,023 posts
  • Joined: 17-December 13

Posted 24 March 2017 - 08:38 AM

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.


It was rescheduled:

http://www.scotusblo...a-v-california/
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#139 Davey

    Member

  • Members
  • 3,081 posts
  • Joined: 02-November 10

Posted 24 March 2017 - 08:41 AM

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.


It was rescheduled:

http://www.scotusblo...a-v-california/

Hopefully Gorsuch will be able to have a vote.

#140 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 24 March 2017 - 10:54 AM

 

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.


It was rescheduled:

http://www.scotusblo...a-v-california/

 

In the past year, 63 cases have been rescheduled (and I'm not counting relisted as rescheduled). In only one of those cases was the cert petition granted.



#141 kwc

    Member

  • Supporting Members Team
  • 3,023 posts
  • Joined: 17-December 13

Posted 24 March 2017 - 11:03 AM

 

 

The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th.  The Peruta cert petition will either be denied, granted or relisted.  My money is on denial of cert.


It was rescheduled:

http://www.scotusblo...a-v-california/

 

In the past year, 63 cases have been rescheduled (and I'm not counting relisted as rescheduled). In only one of those cases was the cert petition granted.

 

 

Somewhere between 7,000 and 8,000 cases are appealed to SCOTUS each year.  Only about 80 of those are actually heard by the court (~1%).

 

A 1 in 63 chance is 1.6%.

 

A betting person would conclude that while the chances have mathematically improved by 60%, it's still unlikely to happen.


"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#142 press1280

    Member

  • Members
  • PipPipPip
  • 163 posts
  • Joined: 23-October 11

Posted 24 March 2017 - 12:39 PM

Is there a difference between relisted and rescheduled?

#143 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 24 March 2017 - 01:02 PM

Is there a difference between relisted and rescheduled?

A relist means the cert petition is scheduled for the next private conference.  A case which is "rescheduled" can linger on the docket for weeks before being assigned to a conference.

 

Or the reschedule can last just a couple of days before being assigned to a conference.

 

We have no way of knowing why the petition was rescheduled.  It could be for as simple a reason as the clerks did not have time to prepare the memos (cert pool and Justice Alito's) or the justices are waiting for Gorsuch to take his seat.



#144 MrTriple

    Member

  • Members
  • 1,569 posts
  • Joined: 22-April 13

Posted 27 March 2017 - 07:19 AM

Our big concern is still gonna be Kennedy, since he's supposedly "expressed regrets" about supporting Heller and McDonald. Now I can sorta, barely, in a purely academic sense understand his opposition to joining the conservatives on Friedman, but this might be a little tougher for him to wiggle his way out of, since it's not as "drastic" a decision as Friedman was. The 2A clearly says "keep and bear", and "bearing" arms was at least alluded to in Heller. That still isn't good for us, as he's still a very loose cannon on 2A issues, especially with Kagan nagging him.

Problem is, if this case is denied cert, we'd have to wait for Trump appointee #2 and hope to find another carry case floating through the appellate system.
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

-Hapless

#145 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 27 March 2017 - 06:10 PM

According to SCOTUSblog, Peruta has been scheduled for this Friday.  The docket still shows it as "rescheduled" but the docket often takes a couple of days to be updated. 

 

For the record, I hope that the cert petition is granted.  I just don't see how it can be given the posture of the case.



#146 cls74

    Member

  • Supporting Members Team
  • 2,602 posts
  • Joined: 11-January 13

Posted 28 March 2017 - 01:03 PM

Now showing this

Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.

#147 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 28 March 2017 - 01:59 PM

Now showing this

Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.

That's funny.  I had checked the Docket earlier and it still showed "rescheduled" and that was all.  It occurred to me that I could call the SCOTUS clerk's office to find out for sure, which I did.  The clerk confirmed over the phone that the petition is scheduled for this Friday's conference.

 

P.S.  I just now checked the SCOTUS Docket and it simply says "rescheduled."



#148 kwc

    Member

  • Supporting Members Team
  • 3,023 posts
  • Joined: 17-December 13

Posted 28 March 2017 - 02:07 PM

Now showing this

Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.

 

Were you looking at the official SCOTUS docket or SCOTUSblog.com?


"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#149 Charles Nichols

    Member

  • Members
  • PipPipPip
  • 167 posts
  • Joined: 15-June 16

Posted 28 March 2017 - 02:12 PM

 

Now showing this

Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.

 

Were you looking at the official SCOTUS docket or SCOTUSblog.com?

 

I checked the SCOTUS docket and just now did again in a different browser which should eliminate a problem with the cache not updating.  The SCOTUS docket still shows simply "rescheduled."  

 

No matter.  The 6:30 am Monday Order's list is usually online by 6:45 am.  We should know then.



#150 kwc

    Member

  • Supporting Members Team
  • 3,023 posts
  • Joined: 17-December 13

Posted 03 April 2017 - 08:48 AM

This has been rescheduled again. Sent from my iPhone using Tapatalk
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)




1 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users


    Bing (1)