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Breaking news on Peruta -- NO APPEAL


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#1 Tvandermyde

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Posted 22 February 2014 - 08:20 AM

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.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.

#2 FF17

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Posted 22 February 2014 - 08:22 AM

Will that end up being every county in the state I assume ?
I have family in Riverside County that are looking forward to this.

#3 Mike

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Posted 22 February 2014 - 08:24 AM

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?

#4 w9trb

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Posted 22 February 2014 - 08:26 AM

Thanks for the straight news.

#5 C0untZer0

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Posted 22 February 2014 - 08:26 AM

There is still the possibility that one of the many wacky judges on the 9th will call for an en banc hearing.

 

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#6 press1280

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Posted 22 February 2014 - 08:29 AM

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.

#7 Hap

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Posted 22 February 2014 - 08:33 AM

Welcome to the modern era of 2nd Amendment jurisprudence, California!

Ad utrumque paratus


#8 abolt243

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Posted 22 February 2014 - 08:43 AM

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
Are you a member of the ISRA?? If not, why not?? Join over 18,000 other Illinois gun owners in the fight for your rights!!!

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#9 HeavyDuty

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Posted 22 February 2014 - 08:45 AM

I wouldn't put it past the CA legislature to modify their statute to make it more difficult again.

#10 Sigma

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Posted 22 February 2014 - 08:48 AM

Take that Brady Bunch
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If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

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#11 Tvandermyde

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Posted 22 February 2014 - 09:17 AM

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.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.

#12 Insp. Callahan

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Posted 22 February 2014 - 09:24 AM

Will they ever have reciprocity of out of state permits/ offer non-resident permits?

#13 tkroenlein

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Posted 22 February 2014 - 09:29 AM

So who thinks a Bloomberg-esque group "leaned" on the good Sheriff not to push it?

#14 defaultdotxbe

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Posted 22 February 2014 - 09:49 AM

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

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#15 mic6010

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Posted 22 February 2014 - 10:08 AM

and you thought our shall issue is bad...just wait till we see what they come up with..... lol.

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#16 chislinger

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Posted 22 February 2014 - 10:13 AM

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'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#17 defaultdotxbe

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Posted 22 February 2014 - 10:17 AM

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

"The cheek of every American must tingle with shame as he reads the silly,
flat, and dishwatery utterances of the man who has to be pointed out to
intelligent foreigners as the President of the United States."
-Chicago Times review of Lincoln's Gettysburg Address.


#18 KarlJ

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Posted 22 February 2014 - 11:18 AM

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
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Registration is only a step.
The prohibition of private firearms is the goal."

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#19 Booxone

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Posted 22 February 2014 - 11:22 AM

That is fantastic news

#20 Blade13

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Posted 22 February 2014 - 11:56 AM

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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#21 defaultdotxbe

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Posted 22 February 2014 - 12:07 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

"The cheek of every American must tingle with shame as he reads the silly,
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intelligent foreigners as the President of the United States."
-Chicago Times review of Lincoln's Gettysburg Address.


#22 bob

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Posted 22 February 2014 - 12:20 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.
bob

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#23 TyGuy

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Posted 22 February 2014 - 01:34 PM

Wouldn't we prefer an appeal to get it to SCOTUS?

If another carry case comes along can they reference the split?


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#24 bob

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Posted 22 February 2014 - 03:20 PM

Wouldn't we prefer an appeal to get it to SCOTUS?

If another carry case comes along can they reference the split?


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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.
bob

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#25 skinnyb82

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Posted 22 February 2014 - 03:20 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.

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#26 Tango7

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Posted 22 February 2014 - 04:35 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.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#27 xd9subcompact

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Posted 22 February 2014 - 04:48 PM

I'm sure the left has their panties in a wad over this.

#28 TyGuy

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Posted 22 February 2014 - 05:57 PM

Thanks skinny


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#29 domin8

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Posted 21 November 2014 - 10:30 PM

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Edited by domin8, 21 November 2014 - 10:31 PM.

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#30 C0untZer0

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Posted 27 November 2014 - 01:15 AM

The California Attorney General, Kamala Harris, filed Petition for a Rehearing En Banc on the order denying motions to intervene:

 

Attached File  Peruta-v-San-Diego_Petition-for-Rehearing-or-Rehearing-En-Banc.pdf   556.73KB   290 downloads

 


 

Mayor Bloomberg himself has recently turned his attention from oversize soft drinks to gun control, confirming the tendency of the Progressive to go from nanny to tyrant.
- N. A. Halkides -
 
“There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters” 
- Daniel Webster -
 
The urge to save humanity is almost always a false front for the urge to rule. 
- H. L. Mencken -
 
“Any government big enough to give you everything you want is big enough to take away everything you have."