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First Concealed Carry Cert Petition of OT2018 - Rothery et al v. Blanas et al - No.: 18-121

concealed carry cert petition

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#1 Charles Nichols

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Posted 30 July 2018 - 01:54 AM

This was a surprise. I had been checking the SCOTUS docket but not seeing an ask for an extension of time, I quit. I just checked my email and discovered an email from Gorski with a link to the SCOTUS docket.
 
Gorski filed 90 days after his en banc petition was denied. I sent him an email back asking at what time his petition was filed with the clerk. I assume it was on time because the clerk has noted a response due date with no mention of the petition being filed out of time.
 
In any event, we now have our first cert petition that I know of regarding public carry of a firearm, in this case concealed (of course).
 
Now that the US Supreme Court provides links to the filings in a case online, I will not be posting links to the filings at my website.  You can access them on the US Supreme Court website.
For the US Supreme Court docket in this case, click here.  https://www.supremec...lic/18-121.html

 

Please note that the SCOTUS webserver seemed to have a lot of difficulty last term consistently reporting the current docket, independent of what browser one uses or whether or not one cleared his cache and cookies.  The workaround I found was to check both the above link and the RSS feed icon next to the print icon at the top of the docket.



#2 press1280

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Posted 30 July 2018 - 06:35 AM

Yikes. I'd prefer an open carry or general public carry case.
This one is a straight CCW case.

#3 BigJim

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Posted 30 July 2018 - 10:29 AM

Someone want to sum it up (in laymen's terms) of 100 words or less what the case is about?


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#4 Euler

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Posted 30 July 2018 - 04:33 PM

Someone want to sum it up (in laymen's terms) of 100 words or less what the case is about?


California is a may-issue state. Permits are issued by county sheriffs. Rothery applied for a concealed carry permit to Sacramento county sheriff Blanas. Blanas denied him.

Rothery contends that the system is corrupt, in that sheriffs issue permits to people who supported their elections and deny permits to people who didn't.

#5 lockman

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Posted 30 July 2018 - 05:08 PM

In summary, California bans open carry and concealed carry permit issuance is too restrictive and capricious. Therefore; a fundamental right denied.


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#6 Charles Nichols

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Posted 30 July 2018 - 05:16 PM

Yikes. I'd prefer an open carry or general public carry case.
This one is a straight CCW case.

Yes. Yes it is.

 

And not a very good one at that for a variety of reasons which I could go into but won't waste my time.  You can read some of the reasons in the state's Brief In Opposition, if there is one.



#7 Hipshot Percussion

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Posted 30 July 2018 - 08:44 PM

Forgive my ignorance, but does this mean SCOTUS has accepted this case?  Or does this just mean an appeal has been filed and SCOTUS could just not take the case?


“I have fought the good fight to the end; I have run the race to the finish: I have kept the faith."  Timothy Chapter 4 verse 7

 

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#8 Charles Nichols

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Posted 30 July 2018 - 08:51 PM

For some reason, I thought we could edit our prior posts.  Not seeing an edit link, I will post it here.

 

At my website, I have more than enough links to the relevant filings in this case.  If you want to know what this case is about then read the Opening Brief and the unpublished decision.  If you want to know more, well then read the other filings which are also available here -> http://blog.californ...g/?page_id=3434

 

If that doesn't answer your questions then contact the attorneys who filed the cert petition. Their contact information is on the cover page to the cert petition.



#9 Soutsidr

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Posted 31 July 2018 - 06:22 PM

Forgive my ignorance, but does this mean SCOTUS has accepted this case?  Or does this just mean an appeal has been filed and SCOTUS could just not take the case?

This is a petition for Cert which SCOTUS has not yet considered. It has not been accepted, and it may or may not get accepted. Most petitions do not get accepted.

#10 Hipshot Percussion

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Posted 31 July 2018 - 06:55 PM

 

Forgive my ignorance, but does this mean SCOTUS has accepted this case?  Or does this just mean an appeal has been filed and SCOTUS could just not take the case?

This is a petition for Cert which SCOTUS has not yet considered. It has not been accepted, and it may or may not get accepted. Most petitions do not get accepted.

 

Thanks, Soutsidr!


“I have fought the good fight to the end; I have run the race to the finish: I have kept the faith."  Timothy Chapter 4 verse 7

 

"Legitimate self-defense has absolutely nothing to do with the criminal misuse of guns."   Gerald Vernon, veteran firearms instructor

 

New Gunner Journal

 






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