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Peruta v. County of San Diego (CCW) [Filed for cert to SCOTUS, 1/12/17]

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  • #1
    fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

    Peruta v. County of San Diego (CCW) [Filed for cert to SCOTUS, 1/12/17]

    //
    // Thread continues at http://www.calguns.net/calgunforum/s...php?p=20192712
    //
    // June 5, 2017
    //
    // Librarian

    If you are here to ask about the current status of Peruta you should read the sticky first.

    Peruta v. County of San Diego [Sheriff William Gore]
    Issue: 2A Right to Bear Arms Outside the Home

    Current Status:
    As of 6/16/2015 - En Banc rehearing held, decision pending.

    3/26/2015 - En Banc rehearing ordered. (see file: 10-56971ebo.pdf)
    3/7/2014 - Motions to Intervene & Amici pending, requesting rehearing En Banc; Parties to file response NLT 3/26/2014. Mandate stayed pending decision on motions.
    3/6/2014 - Appearance of LCAV and Marin County Sheriff.
    3/5/2014 - LCAV and Marin County Sheriff's Motion for Leave to File Amicus Brief and Proposed Amicus Brief (attached).
    3/5/2014 - Craig Konnoth's 46-5 motion is granted.
    3/5/2014 - Order directing each party to respond to CA & Brady's Motions to Intervene and CPCA/CPOA's Petition for Rehearing En Banc (attached).
    3/3/2014 - Craig Konnoth's motion for 46-5 exemption (attached). [CA's attorney used to work for 9CA, and is applying for an exception to allow him to represent CA.]
    2/28/2014 - Appearance of State of California (as proposed intervenor).
    2/13/2014 - 9CA Panel Opinion Declares May-Issue Unconstitutional.
    Congratulations to NRA/CRPA, Michel & Associates, Paul Clement, and everybody who contributed to this case.

    12/6/2013 - 28(j) letter [attached, pending RECAP update] (re: U.S. v. Chovan).
    9/13/2013 - 28(j) letter (re: People v. Aguilar).
    12/6/2012 - Oral Argument (Audio).
    Various 28j / Supp. Auth. filed.


    Trial Court: S.D. Cal.
    Case No. 3:09-cv-02371
    Docket: http://ia700406.us.archive.org/23/items/gov.uscourts.casd.308678/gov.uscourts.casd.308678.docket.html


    Appellate Court: 9CA
    Case No.: 10-56971
    Docket: http://ia601703.us.archive.org/11/items/gov.uscourts.ca9.10-56971/gov.uscourts.ca9.10-56971.docket.html


    Links:
    CGF Wiki for this case: http://wiki.calgunsfoundation.org/Pe...y_of_San_Diego
    CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Li...st_and_Present
    Michel & Assoc. Case Tracker: http://michellawyers.com/guncasetrac...rutavsandiego/
    9th Circuit Media Page regarding this case: http://www.ca9.uscourts.gov/content/..._id=0000000722
    News (2/13/2014): CGF credits NRA for its outstanding work and important victory for the Second Amendment: https://www.calgunsfoundation.org/20...onstitutional/
    Attached Files
    Last edited by Librarian; 06-05-2017, 12:34 PM. Reason: updates
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    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).
    Tags: None
    • #2
      woods
      Member
      • Mar 2011
      • 477
      These cases feel like they will never end.thanks for the update.

      Sent from my HTCEVOV4G using Tapatalk 4

        Comment

        • #3
          rugershooter
          Senior Member
          • Nov 2009
          • 1804
          Any expectations as to how long the 9th circuit will take for a ruling?
          I've been out of the loop for a while; 22 hr work days don't leave much time for keeping track with these things...

            Comment

            • #4
              sholling
              I need a LIFE!!
              CGN Contributor
              • Sep 2007
              • 10360
              Originally posted by Drivedabizness
              The attorney for the County is getting his arse handed to him. Why the delay? The proper result is obvious. They just don't want to issue the ruling.
              The problem is that in most of the cases so far the government attornies could have just recited the text of Jabberwocky as their entire argument and the courts would still have handed them a victory. Most of the judges haven't given one wit about what Gura argues or what the constitution says or what the US Supreme Court said in Heller - most of the judges hearing 2nd Amendment cases have made a political decision that they don't want the general public to have guns and they sure as heck don't want us carrying guns.
              "Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT--

              Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association

                Comment

                • #5
                  fizux
                  Senior Member
                  CGN Contributor - Lifetime
                  • Apr 2012
                  • 1540
                  bump for updates, including release of 9CA panel opinion.
                  Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                  Reloading Clubs: SF, East Bay

                  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

                    • #6
                      Jimi Jah
                      I need a LIFE!!
                      • Jan 2014
                      • 18812
                      Gore is fighting this decision. The SDSD has asked the 9th to issue a complete ruling. That may not go as desired. If it does, expect no changes as Gore will then request a SCOTUS decision. He is dead set against CCW's in SD county, period. Then it is delayed until the SCOTUS either take or pass on the case. If they pass and it is overruled by the complete 9th, case over, we lose.

                      Remember, the 9th is the most liberal appeals court in the USA with 25% of their decisions overruled, a court packed with Clinton and Obama appointees. Odds are no better than 50/50 for them to uphold the decision.

                      If the 9th upholds the case and the Supremes decide to rule, everything is on hold until that decision. That could take two years or so as they will not include it this year.

                      Expect about June 2015 for the decision, if it is coming at all.
                      Last edited by Jimi Jah; 02-14-2014, 10:45 AM.

                        Comment

                        • #7
                          Librarian
                          Admin and Poltergeist
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 44653
                          Just for fun, if one thinks a thread need moderating, report it to the moderators - there's the 'report post' button in every post header.

                          A few posts deleted. This thread was started as a case-progress thread; we have lots of discussion in the other open threads.
                          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                            Comment

                            • #8
                              lear60man
                              Senior Member
                              • Apr 2009
                              • 903
                              Originally posted by Jimi Jah
                              Gore is fighting this decision. The SDSD has asked the 9th to issue a complete ruling. That may not go as desired. If it does, expect no changes as Gore will then request a SCOTUS decision. He is dead set against CCW's in SD county, period. Then it is delayed until the SCOTUS either take or pass on the case. If they pass and it is overruled by the complete 9th, case over, we lose.

                              Remember, the 9th is the most liberal appeals court in the USA with 25% of their decisions overruled, a court packed with Clinton and Obama appointees. Odds are no better than 50/50 for them to uphold the decision.

                              If the 9th upholds the case and the Supremes decide to rule, everything is on hold until that decision. That could take two years or so as they will not include it this year.Expect about June 2015 for the decision, if it is coming at all.
                              "


                              Thank you for the most cohesive explanation of what to expect. My question is what will happen if SD requests an En-Banc? Can the 9th sit on that request for years while we wait? We need a Calguns flow chart on where this decision could be going and an approximate time line. Make it a sticky.(Paging Librarian). The average Calgunner is having a difficult time sifting through the congratulatory posts to find 'what happens next.'

                              Unfortunately I see this victory as just one more wrung on the ladder to CCW in CA. And even if we win, how do we mandate compliance? I can see a reaction by SD where if you want a CCW you have to sue the county personally. 'Congratulations Mr. Pertula. Here is your CCW. it took you X years and Y dollars. Who else would like to sue us to get one?'

                              Could California rescind the unloaded open carry law to circumvent giving out CCW's? Or has that ship sailed?

                              But yea....a nice flow chart would be a great sticky for us folks who dont have a legal eye.

                                Comment

                                • #9
                                  fizux
                                  Senior Member
                                  CGN Contributor - Lifetime
                                  • Apr 2012
                                  • 1540
                                  Originally posted by lear60man
                                  "


                                  Thank you for the most cohesive explanation of what to expect. My question is what will happen if SD requests an En-Banc? Can the 9th sit on that request for years while we wait? We need a Calguns flow chart on where this decision could be going and an approximate time line. Make it a sticky.(Paging Librarian). The average Calgunner is having a difficult time sifting through the congratulatory posts to find 'what happens next.'

                                  Unfortunately I see this victory as just one more wrung on the ladder to CCW in CA. And even if we win, how do we mandate compliance? I can see a reaction by SD where if you want a CCW you have to sue the county personally. 'Congratulations Mr. Pertula. Here is your CCW. it took you X years and Y dollars. Who else would like to sue us to get one?'

                                  Could California rescind the unloaded open carry law to circumvent giving out CCW's? Or has that ship sailed?

                                  But yea....a nice flow chart would be a great sticky for us folks who dont have a legal eye.
                                  A lot of people expect this to turn out just like Nordyke. There are plenty of resources on that case's history.

                                  Time estimate: 2 weeks! 14 years.
                                  Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                                  Reloading Clubs: SF, East Bay

                                  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

                                    • #10
                                      Librarian
                                      Admin and Poltergeist
                                      CGN Contributor - Lifetime
                                      • Oct 2005
                                      • 44653
                                      'What happens next' - guesses, of course - are in the sticky http://www.calguns.net/calgunforum/s...8#post13432008

                                      Could be 6 months or so before we know if it might go en banc.

                                      Courts do not move in internet time.

                                      It took until 1933 to move presidential inauguration from March to January, possible, I believe, because train service would get the new President there in winter. Courts are still kind of in the 50s ...
                                      Last edited by Librarian; 02-14-2014, 3:05 PM.
                                      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                                      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                                        Comment

                                        • #11
                                          thayne
                                          Senior Member
                                          • Jun 2010
                                          • 2289
                                          Originally posted by Jimi Jah
                                          Gore is fighting this decision. The SDSD has asked the 9th to issue a complete ruling. That may not go as desired. If it does, expect no changes as Gore will then request a SCOTUS decision. He is dead set against CCW's in SD county, period. Then it is delayed until the SCOTUS either take or pass on the case. If they pass and it is overruled by the complete 9th, case over, we lose.

                                          Remember, the 9th is the most liberal appeals court in the USA with 25% of their decisions overruled, a court packed with Clinton and Obama appointees. Odds are no better than 50/50 for them to uphold the decision.

                                          If the 9th upholds the case and the Supremes decide to rule, everything is on hold until that decision. That could take two years or so as they will not include it this year.

                                          Expect about June 2015 for the decision, if it is coming at all.
                                          It wont take two years. SCOTUS wont take this case, they will take drake this year.
                                          "It wasn't a failure of laws," said Amanda Wilcox, who along with her husband, Nick, lobbies for the California chapter of the Brady Campaign to Prevent Gun Violence. "I just don't see how our gun laws could have stopped something like that."

                                            Comment

                                            • #12
                                              fizux
                                              Senior Member
                                              CGN Contributor - Lifetime
                                              • Apr 2012
                                              • 1540
                                              OP updated.
                                              Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                                              Reloading Clubs: SF, East Bay

                                              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

                                                • #13
                                                  soul
                                                  Member
                                                  • Oct 2011
                                                  • 188
                                                  Good analysis of Peruta case

                                                  http://www.law.com/sites/jamesching/2014/04/12/tactical-considerations-in-the-pending-motion-en-banc-to-review-ninth-circuits-peruta-decision-on-the-second-amendments-effect-on-concealed-carry-permit-issuance-in/



                                                  Best part of conclusion -

                                                  "
                                                  California itself faces the negation of its system of gun control without any practical Legislative fix, as the opinion requires both the removal of the abolition of open carry and the elimination of good cause requirements for concealed carry.

                                                  "
                                                  Member NRA SAF CRPA FPC

                                                  "The people never give up their liberties but under some delusion." - British Statesman

                                                    Comment

                                                    • #14
                                                      Grakken
                                                      Senior Member
                                                      • Jun 2006
                                                      • 1095
                                                      Can you post what it says without having to signup for whatever it is they want you to sign up for?

                                                      NRA - Life Member

                                                      Guns don't kill people. People Kill people.

                                                        Comment

                                                        • #15
                                                          Drivedabizness
                                                          Veteran Member
                                                          • Dec 2009
                                                          • 2610
                                                          Originally posted by soul
                                                          http://www.law.com/sites/jamesching/...t-issuance-in/


                                                          Best part of conclusion -

                                                          "
                                                          California itself faces the negation of its system of gun control without any practical Legislative fix, as the opinion requires both the removal of the abolition of open carry and the elimination of good cause requirements for concealed carry.

                                                          "
                                                          Ummm - No. The ruling DID NOT say this.
                                                          Proud CGN Contributor
                                                          USMC Pistol Team Alumni - Distinguished Pistol Shot
                                                          Owner of multiple Constitutionally protected tools

                                                            Comment

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