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Effect of asking for cert. in Drake on Richards-Peruta-Baker?

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  • Paladin
    I need a LIFE!!
    • Dec 2005
    • 12382

    Effect of asking for cert. in Drake on Richards-Peruta-Baker?

    Today SAF/Gura asked for cert. in Drake (NJ carry case).



    Will that make it more likely that the 9th Circuit will wait for SCOTUS to decide whether to take Drake or not before releasing their decision/s in the Richards-Peruta-Baker cases? (If SCOTUS takes Drake, the 9th will put our carry cases on hold pending SCOTUS decision in Drake next term (probably in 2015).)

    Or will the 9th just keep doing their job regardless?
    Last edited by Paladin; 01-09-2014, 1:59 PM.
    240+ examples of CCWs Saving Lives.
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    And then there's the Palmer factor too.

    Comment

    • #3
      Calzona
      Member
      • Jul 2012
      • 300

      I'm not a lawyer but I wrote one once into a script.

      I think it will delay the 9th, if for no other reason that I believe the 9th is in a corner. If they were going to rule against us they would have done it by now. We have zero means to defend ourselves outside of our homes in this state, and there is past precedent that pointed to the fact that we once had OC, and thus were not defenseless.

      Well now there is no CC or OC. What are we to do?
      These are not the droids you're looking for. Move along, move along.

      Comment

      • #4
        Paladin
        I need a LIFE!!
        • Dec 2005
        • 12382

        Originally posted by taperxz
        And then there's the Palmer factor too.
        Take that smile off of your avatar until we win Shall Issue!

        240+ examples of CCWs Saving Lives.

        Comment

        • #5
          M. D. Van Norman
          Veteran Member
          • Jul 2002
          • 4168

          Originally posted by USCA9
          We should wait to see if the Supreme Court will take up this matter. Before that, a ruling would be premature. If the high court should decline, then we will have to take some time to consider the actions pending in our circuit, though due deference should also be given for decisions still waiting at district court. We would best wait until any such ruling has completed the appellate process, and then …
          More cover for the court to Palmerize us.
          Matthew D. Van Norman
          Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA

          Comment

          • #6
            press1280
            Veteran Member
            • Mar 2009
            • 3023

            The 9th shouldn't alter course until Scotus actually accepts a case. Then they'll just put it on ice.

            Comment

            • #7
              solanoslough
              Junior Member
              • Sep 2013
              • 99

              The Ninth will wait to release their decision until the US Supreme Court decides to grant certiorari. If the Supreme Court grants the Ninth will not release any opinion until the decision is released. If the Supreme Court doesn't grant they will release their decision whenever they want.

              Comment

              • #8
                fizux
                Senior Member
                CGN Contributor - Lifetime
                • Apr 2012
                • 1540

                Originally posted by press1280
                The 9th shouldn't alter course until Scotus actually accepts a case. Then they'll just put it on ice.
                How would putting it on ice be an alteration of their current course?

                Originally posted by solanoslough
                The Ninth will wait to release their decision until the US Supreme Court decides to grant certiorari. If the Supreme Court grants the Ninth will not release any opinion until the decision is released. If the Supreme Court doesn't grant they will release their decision whenever they want.
                This logically reduces to: "they will release their decision whenever they want[, if they feel like it]."
                Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

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                Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

                Comment

                • #9
                  Michael_Js
                  Senior Member
                  • Feb 2013
                  • 1090

                  damn...are we EVER going to get CCW's in San Diego County??
                  __________________
                  Greater Seattle, WA!!
                  NRA, IDPA, 2nd Call

                  Comment

                  • #10
                    Rossi357
                    Senior Member
                    • May 2010
                    • 1229

                    Originally posted by Michael_Js
                    damn...are we EVER going to get CCW's in San Diego County??
                    NO!

                    Comment

                    • #11
                      press1280
                      Veteran Member
                      • Mar 2009
                      • 3023

                      Originally posted by fizux
                      How would putting it on ice be an alteration of their current course?

                      This logically reduces to: "they will release their decision whenever they want[, if they feel like it]."
                      Basically what will happen in the event of a cert grant is they'll probably put some kind of order out to delay and wait for the SCOTUS opinion to be released. Until then, the 9th should render an opinion as normal.

                      Comment

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