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Breaking news on Peruta -- NO APPEAL


Tvandermyde

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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.

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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.

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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

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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.

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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

 

 

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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.

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  • 8 months later...

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