Tvandermyde Posted February 22, 2014 at 02:20 PM Share Posted February 22, 2014 at 02:20 PM Just got word from NRA lawyers as the Sheriff has rolled in SD and no appeal. no En Banc no Cert. He's done. They will go shall issue. Link to comment Share on other sites More sharing options...
FF17 Posted February 22, 2014 at 02:22 PM Share Posted February 22, 2014 at 02:22 PM Will that end up being every county in the state I assume ? I have family in Riverside County that are looking forward to this. Link to comment Share on other sites More sharing options...
Mike Posted February 22, 2014 at 02:24 PM Share Posted February 22, 2014 at 02:24 PM Won't this create more of a mess because it only applies in SD and places like LA and SF with slightly different wording will have to be separately adjudicated, possibly with different judges on appeal? Link to comment Share on other sites More sharing options...
w9trb Posted February 22, 2014 at 02:26 PM Share Posted February 22, 2014 at 02:26 PM Thanks for the straight news. Link to comment Share on other sites More sharing options...
C0untZer0 Posted February 22, 2014 at 02:26 PM Share Posted February 22, 2014 at 02:26 PM There is still the possibility that one of the many wacky judges on the 9th will call for an en banc hearing. Link to comment Share on other sites More sharing options...
press1280 Posted February 22, 2014 at 02:29 PM Share Posted February 22, 2014 at 02:29 PM Won't this create more of a mess because it only applies in SD and places like LA and SF with slightly different wording will have to be separately adjudicated, possibly with different judges on appeal? They'll probably have to be sued separately, I don't see them rolling over anytime soon. And yes, the 9th Circuit could make this go to en banc on their own. We'll find out pretty soon. Link to comment Share on other sites More sharing options...
Hap Posted February 22, 2014 at 02:33 PM Share Posted February 22, 2014 at 02:33 PM Welcome to the modern era of 2nd Amendment jurisprudence, California! Link to comment Share on other sites More sharing options...
abolt243 Posted February 22, 2014 at 02:43 PM Share Posted February 22, 2014 at 02:43 PM A step in the right direction. Any and all victories are appreciated. This war has been and will continue to be fought one skirmish at a time. T Link to comment Share on other sites More sharing options...
HeavyDuty Posted February 22, 2014 at 02:45 PM Share Posted February 22, 2014 at 02:45 PM I wouldn't put it past the CA legislature to modify their statute to make it more difficult again. Link to comment Share on other sites More sharing options...
Sigma Posted February 22, 2014 at 02:48 PM Share Posted February 22, 2014 at 02:48 PM Take that Brady Bunch Link to comment Share on other sites More sharing options...
Tvandermyde Posted February 22, 2014 at 03:17 PM Author Share Posted February 22, 2014 at 03:17 PM this becomes binding policy on the 9th. the real question will be Hawaii and the effects there. Orange County has already rolled. If the sheriff is saying he not appealing, I doubt the judges themselves are gonna take this up. Link to comment Share on other sites More sharing options...
Insp. Callahan Posted February 22, 2014 at 03:24 PM Share Posted February 22, 2014 at 03:24 PM Will they ever have reciprocity of out of state permits/ offer non-resident permits? Link to comment Share on other sites More sharing options...
tkroenlein Posted February 22, 2014 at 03:29 PM Share Posted February 22, 2014 at 03:29 PM So who thinks a Bloomberg-esque group "leaned" on the good Sheriff not to push it? Link to comment Share on other sites More sharing options...
defaultdotxbe Posted February 22, 2014 at 03:49 PM Share Posted February 22, 2014 at 03:49 PM So who thinks a Bloomberg-esque group "leaned" on the good Sheriff not to push it?I suggested that in the other thread. But there is now a clear circuit split, SCOTUS is in a position where they almost have to take up one the may-issues cases from the East coast now Link to comment Share on other sites More sharing options...
mic6010 Posted February 22, 2014 at 04:08 PM Share Posted February 22, 2014 at 04:08 PM and you thought our shall issue is bad...just wait till we see what they come up with..... lol. Link to comment Share on other sites More sharing options...
chislinger Posted February 22, 2014 at 04:13 PM Share Posted February 22, 2014 at 04:13 PM and you thought our shall issue is bad...just wait till we see what they come up with..... lol.It will be exactly like Illinois, except the "90 days" part will read "40 years". Link to comment Share on other sites More sharing options...
defaultdotxbe Posted February 22, 2014 at 04:17 PM Share Posted February 22, 2014 at 04:17 PM and you thought our shall issue is bad...just wait till we see what they come up with..... lol.It will be exactly like Illinois, except the "90 days" part will read "40 years".I think we will see more counties requiring the statutory maximum of 24 hours training as well Link to comment Share on other sites More sharing options...
KarlJ Posted February 22, 2014 at 05:18 PM Share Posted February 22, 2014 at 05:18 PM Fantastic!!Hope there is a chance for reciprocity or recognition on my permit(s).Shouldn't have to leave my rights at home while visiting family in woodland hills Link to comment Share on other sites More sharing options...
Booxone Posted February 22, 2014 at 05:22 PM Share Posted February 22, 2014 at 05:22 PM That is fantastic news Link to comment Share on other sites More sharing options...
Blade13 Posted February 22, 2014 at 05:56 PM Share Posted February 22, 2014 at 05:56 PM this becomes binding policy on the 9th. the real question will be Hawaii and the effects there. Orange County has already rolled. If the sheriff is saying he not appealing, I doubt the judges themselves are gonna take this up. It'll also be interesting to how this will affect the Northern Mariana Islands. They are in the 9th circuit and still enforcing a handgun ban. Link to comment Share on other sites More sharing options...
defaultdotxbe Posted February 22, 2014 at 06:07 PM Share Posted February 22, 2014 at 06:07 PM this becomes binding policy on the 9th. the real question will be Hawaii and the effects there. Orange County has already rolled. If the sheriff is saying he not appealing, I doubt the judges themselves are gonna take this up. It'll also be interesting to how this will affect the Northern Mariana Islands. They are in the 9th circuit and still enforcing a handgun ban.It probably won't until a specific case comes up. Their handgun ban is already a violation of the Heller/McDonald rulings but there would need to be a new SCOTUS case to rule that the 2nd amendment applies to insular territories Link to comment Share on other sites More sharing options...
bob Posted February 22, 2014 at 06:20 PM Share Posted February 22, 2014 at 06:20 PM So who thinks a Bloomberg-esque group "leaned" on the good Sheriff not to push it?My suggestion previously was that the county would not want to throw good money after bad. The downside is expensive and the upside is what? You spend a bunch of money on legal fees and get to not issue licenses that actually pay you money for the privilege? The sheriff is not footing the legal bills. The county is. My guess is that it just is not worth it to the county to fund the legal fight. It may be like in Orange County where the county board is in favor of more permissive issue than the sheriff has been. Maybe not funding the legal fight was their way of dealing with it. Who knows how these things get decided. Link to comment Share on other sites More sharing options...
TyGuy Posted February 22, 2014 at 07:34 PM Share Posted February 22, 2014 at 07:34 PM Wouldn't we prefer an appeal to get it to SCOTUS? If another carry case comes along can they reference the split? Tapa-what? Tapatalk. Link to comment Share on other sites More sharing options...
skinnyb82 Posted February 22, 2014 at 09:20 PM Share Posted February 22, 2014 at 09:20 PM Yea they don't need to file cert petition for this to be cited in a cert petition. Gura has probably already filed a notice of supplemental authority in Drake since O'Scannlain cited CA3. This is a bona first circuit split. Citing Moore as a split is like parsing words. It didn't address the same issues. The CA9 opinion was tailored for SCOTUS no matter if it went to SCOTUS or not. Sent from my SCH-I545 using Tapatalk 2 Link to comment Share on other sites More sharing options...
bob Posted February 22, 2014 at 09:20 PM Share Posted February 22, 2014 at 09:20 PM Wouldn't we prefer an appeal to get it to SCOTUS? If another carry case comes along can they reference the split? Tapa-what? Tapatalk. it is an appeals court decision. It has a lot of precedential value especially in the 9th circuit. I am not sure it creates a split. The court only ruled the good cause clause was at issue. There are some similarities to other cases, but not exact fits. Link to comment Share on other sites More sharing options...
Tango7 Posted February 22, 2014 at 10:35 PM Share Posted February 22, 2014 at 10:35 PM IIRC from when Lil' Lisa requested an en banc and it was denied that reduces the possibility of actually being heard by SCOTUS to <5%. Good for the Sheriff, and excellent for the residents of SDCo. Link to comment Share on other sites More sharing options...
xd9subcompact Posted February 22, 2014 at 10:48 PM Share Posted February 22, 2014 at 10:48 PM I'm sure the left has their panties in a wad over this. Link to comment Share on other sites More sharing options...
TyGuy Posted February 22, 2014 at 11:57 PM Share Posted February 22, 2014 at 11:57 PM Thanks skinny Tapa-what? Tapatalk. Link to comment Share on other sites More sharing options...
domin8 Posted November 22, 2014 at 04:30 AM Share Posted November 22, 2014 at 04:30 AM Deleted Link to comment Share on other sites More sharing options...
C0untZer0 Posted November 27, 2014 at 07:15 AM Share Posted November 27, 2014 at 07:15 AM The California Attorney General, Kamala Harris, filed Petition for a Rehearing En Banc on the order denying motions to intervene: Peruta-v-San-Diego_Petition-for-Rehearing-or-Rehearing-En-Banc.pdf Link to comment Share on other sites More sharing options...
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