Tvandermyde Posted February 22, 2014 at 02:20 PM 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.
FF17 Posted February 22, 2014 at 02:22 PM 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.
Mike Posted February 22, 2014 at 02:24 PM 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?
w9trb Posted February 22, 2014 at 02:26 PM Posted February 22, 2014 at 02:26 PM Thanks for the straight news.
C0untZer0 Posted February 22, 2014 at 02:26 PM 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.
press1280 Posted February 22, 2014 at 02:29 PM 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.
Hap Posted February 22, 2014 at 02:33 PM Posted February 22, 2014 at 02:33 PM Welcome to the modern era of 2nd Amendment jurisprudence, California!
abolt243 Posted February 22, 2014 at 02:43 PM 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
HeavyDuty Posted February 22, 2014 at 02:45 PM 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.
Sigma Posted February 22, 2014 at 02:48 PM Posted February 22, 2014 at 02:48 PM Take that Brady Bunch
Tvandermyde Posted February 22, 2014 at 03:17 PM Author 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.
Insp. Callahan Posted February 22, 2014 at 03:24 PM Posted February 22, 2014 at 03:24 PM Will they ever have reciprocity of out of state permits/ offer non-resident permits?
tkroenlein Posted February 22, 2014 at 03:29 PM Posted February 22, 2014 at 03:29 PM So who thinks a Bloomberg-esque group "leaned" on the good Sheriff not to push it?
defaultdotxbe Posted February 22, 2014 at 03:49 PM 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
mic6010 Posted February 22, 2014 at 04:08 PM 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.
chislinger Posted February 22, 2014 at 04:13 PM 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".
defaultdotxbe Posted February 22, 2014 at 04:17 PM 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
KarlJ Posted February 22, 2014 at 05:18 PM 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
Booxone Posted February 22, 2014 at 05:22 PM Posted February 22, 2014 at 05:22 PM That is fantastic news
Blade13 Posted February 22, 2014 at 05:56 PM 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.
defaultdotxbe Posted February 22, 2014 at 06:07 PM 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
bob Posted February 22, 2014 at 06:20 PM 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.
TyGuy Posted February 22, 2014 at 07:34 PM 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.
skinnyb82 Posted February 22, 2014 at 09:20 PM 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
bob Posted February 22, 2014 at 09:20 PM 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.
Tango7 Posted February 22, 2014 at 10:35 PM 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.
xd9subcompact Posted February 22, 2014 at 10:48 PM Posted February 22, 2014 at 10:48 PM I'm sure the left has their panties in a wad over this.
TyGuy Posted February 22, 2014 at 11:57 PM Posted February 22, 2014 at 11:57 PM Thanks skinny Tapa-what? Tapatalk.
C0untZer0 Posted November 27, 2014 at 07:15 AM 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
Recommended Posts
Archived
This topic is now archived and is closed to further replies.