Peruta is done

[ladder13]

Congrats to CA!
CA is shall issue, a great day for the people

BREAKING: 9th Circuit Court Denies Peruta Appeal; California Gun Rights Restored - The Truth About Guns


http://www.scribd.com/doc/246350943/Peruta-Intervention-Denied-Order

 

[Steve in Vermont]

I've often wondered how these people would feel (about guns) if they lived in a community where violence was common and their lives threatened on a regular basis. But that won't happen because they have moved to "safe" areas out of harms way and don't need to face the "inconvenience" of violence many others cannot avoid.

 

[PA Guns & Ammo]

Too bad it means jack squat in NY.

 

[ChattanoogaPhil]

Excellent news.

When more folks get accustomed to the idea that guns are for more than just taking to the range unloaded in the trunk of their car, hopefully some gun laws will begin to be repealed or at least fewer new ones.

Congrats to California and all those directly involved in this huge victory. Well done.

 

[Mike Grasso]

Very good, let's see how it plays out to the actual issuance.
So glad I moved.....

 

[GaryS]

Peruta might be done, but the other two companion cases are not done by any stretch of the imagination. Richards v Prieto and Baker v Kealoha were both decided completely based on Peruta. Both of those decisions are pending the decision on their applications for en banc rehearing by CA9.

What happened in Peruta is purely procedural in that the CA AG, Brady Campaign, and two other groups were denied intervenor status when the Sheriff of San Diego County declined to appeal to for an En Banc rehearing.

The other two cases are quite viable and if CA9 decides to grant an en banc rehearing to either or both, they and by extension Peruta could be overturned.

If en banc is denied in both cases, then it's no doubt on to a petition to SCOTUS for cert. Since there is a clear split among Circuits right now, there is a good chance that will be granted, although as was the case in IL with Moore v Madigan, there will be a tremendous amount of pressure on both CA and Hawaii to not press the issue and let CA become shall issue.

The Truth About Guns people seem to have this entirely wrong.

This article in the Washington Post by Prof. Eugene Volokh explains it quite well.

The issue is far from settled.

 

[ladder13]

The title of the thread is Peruta is done, it is.

 

[GaryS]

But it's essentially meaningless since there are two identical cases sitting at CA9 waiting for a decision on the applications for en banc rehearing.

The title of the thread is Peruta is done, it is.

 

[Malpasowildlifer]

Press on regardless, CA!

 

[ChattanoogaPhil]

Counties are already changing due to this decision.

(CA) NRA-ILA Legal Update ? California: One Step Closer to Shall Issue! | CalGunLaws | On Target Legal Resources Online


"As a result of the Peruta decision, several California counties that
had policies similar to San Diego's have changed those policies from a restrictive "good cause" standard that few could meet, to one that accepts general self-defense as "good cause," which most anyone can meet. Orange and Ventura counties are among the California jurisdictions that have changed their ways since the Peruta decision came down. Previously, applicants had to show proof of specific threats, such as a police report or a protective order, to prove they were in immediate danger before they could get a license. Now merely asserting a desire for "self-defense" is generally accepted as "good-cause" for getting a license in those counties."

 

[Kentucky Dave]

I emailed the San Mateo County Sheriff Friday, after I read the news. I asked if they were going to start issuing in light of the Peruta decision. I'm sure they are swamped and will pass on what I hear personally.

However, I stopped by my local gun shop to pick up a nice .308 AR I had laid away today. Immediately asked the store owner if they'd heard the news (they know I work in law and we've been having ongoing conversations about a few cases).

They gave me a big grin and said that the San Mateo Sheriff stopped by the store in person and gave them permit applications.

THAT seems like a damn good sign!

I'll be picking up an application next week. Having had a CCW in a Northern CA county for years, currently having a FL permit, and having completed a Powers of Arrest class (which in itself gives me certain privileges in that I don't have to have and renew a "Handgun Safety Card" in California), among other things, should make it an easy decision for the Sheriff IF he decides to follow Peruta as to "good cause".

 

[jag312]

At least two counties are not going to like this; San Francisco County and Los Angeles County. One can only hope that they will secede from California and form their own state.

 

[Kentucky Dave]

Jag,

I see you're a LEO and are down in SJ. What do your fellow rank and file officers think about CCW?

Dave

One can only hope that they will secede from California and form their own state.

Or if Northern CA from Monterey up finally becomes its own state, perhaps we can deed SF County to SoCal?

 

[Fastbolt]

The latest filings on the still active case.

Peruta v. San Diego : Michel and Associates, P.C.

Lots of discussions and activity being heard up & down the state. As you might imagine, each county counsel might have an opinion to offer each of the 58 Sheriff's, and city attorneys for COP's.

 

[GaryS]

A lot of activity for a case that is "done".

The latest filings on the still active case.

Peruta v. San Diego : Michel and Associates, P.C.

Lots of discussions and activity being heard up & down the state. As you might imagine, each county counsel might have an opinion to offer each of the 58 Sheriff's, and city attorneys for COP's.

 

[Fastbolt]

A lot of activity for a case that is "done".

Yep.

I got the impression some people weren't listening to you.

 

[touchoneoff]

Well, sounds like California "may" be taking a step in the right direction? Hard to get your hopes up with the way that state is ran.

 

[GaryS]

Yep.

I got the impression some people weren't listening to you.

As did I. This case is far from over and the stakes are huge. As with Madigan out of IL, there are those who don't want this to go to SCOTUS and those who do.

If Peruta and the two associated cases stand, then there is a clear split between the circuits and the cases may be "ripe" enough for SCOTUS to rule on this.

There is a lot of 2A litigation going on in the federal courts right now. There is a case regarding carrying in post offices as well as one regarding carrying on Army Corps of Engineers lands.

There are also a couple in the federal court system that are MA specific.

It's an exciting time for 2A rights.

 

[touchoneoff]

As did I. This case is far from over and the stakes are huge. As with Madigan out of IL, there are those who don't want this to go to SCOTUS and those who do.

If Peruta and the two associated cases stand, then there is a clear split between the circuits and the cases may be "ripe" enough for SCOTUS to rule on this.

There is a lot of 2A litigation going on in the federal courts right now. There is a case regarding carrying in post offices as well as one regarding carrying on Army Corps of Engineers lands.

There are also a couple in the federal court system that are MA specific.

It's an exciting time for 2A rights.

...and scary times at the same time.

 

[GaryS]

...and scary times at the same time.

There is no progress without risk. Some states are in good shape regarding the 2A, some aren't. Even the states that are, are not completely safe.