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Thread: Peruta v. San Diego - Finally a sua sponte call for an en banc

  1. #1
    Regular Member California Right To Carry's Avatar
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    Thumbs up Peruta v. San Diego - Finally a sua sponte call for an en banc

    Peruta v. San Diego Appeal 10-56971
    Update December 3, 2014 (6:00 pm) - A judge has finally called for an en banc vote. The parties are ordered to file within 21 days their positions on whether or not the case should be reheard en banc.

    "Before: O’SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.
    A judge of this Court having made a sua sponte call for a vote on whether this case should be reheard en banc, the parties shall file, within 21 days from the date of this order, simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc. See G.O. 5.4(c)(3). Amici curiae wishing to file briefs regarding whether this case should be reheard en banc may
    also do so within 21 days from the date of this order.

    Parties who are registered for ECF should file the brief electronically without submission of paper copies. Parties who are not registered ECF filers should submit the original brief plus 50 paper copies."

    Earlier this afternoon I had posted an update where the parties had been ordered to respond to AG Harris' request of November 26 for an en banc.

    http://blog.californiarighttocarry.org/?page_id=1575
    Last edited by Grapeshot; 02-05-2015 at 03:49 AM. Reason: Rule #19
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

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    2 years ago I upset a lot of the good folks over at Cal Guns when I predicted CCW's wouldn't come to California for at least 5 years....if ever.

    Now at appears the 9th will go en banc review and that will take about 1.5 years. I predict the review will overturn the first ruling and then it will be sent to SCOTUS.

    A ruling will come in about 4-5 years.

    It took me 4 hours to just drive to a new state and move.

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    Quote Originally Posted by NosePicker View Post
    2 years ago I upset a lot of the good folks over at Cal Guns when I predicted CCW's wouldn't come to California for at least 5 years....if ever.

    Now at appears the 9th will go en banc review and that will take about 1.5 years. I predict the review will overturn the first ruling and then it will be sent to SCOTUS.

    A ruling will come in about 4-5 years.

    It took me 4 hours to just drive to a new state and move.
    SCOTUS isn't hearing any gun cases of any significance in the next fifty years lol. My prediction.

    Look at the time between Miller & Heller. Hoping for relief from the Gov't to address the Gov't is wacky.

    I hope you moved east nosepicker...

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    Quote Originally Posted by davidmcbeth View Post

    I hope you moved east nosepicker...
    I moved north and slightly east.

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    Quote Originally Posted by davidmcbeth View Post
    I hope you moved east nosepicker...
    It would be difficult to move west of CA and stay within CONUS.

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    Regular Member California Right To Carry's Avatar
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    Post First Amicus Brief Filed

    Peruta v. San Diego Appeal 10-56971
    Update December 8, 2014 - An Amicus Brief, no doubt one of many that will be filed, was filed today by the Brady Bunch’s Law Center to Prevent Gun Violence. A link to the brief is available at my website in today's update.

    http://blog.californiarighttocarry.org/?page_id=1575
    Last edited by Grapeshot; 02-05-2015 at 03:50 AM. Reason: Rule #19
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

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    Update December 17, 2014

    Update December 17, 2014 - The Sheriff of Yolo County (the defendant in Richards v. Prieto) filed an Amicus Brief in support of an en banc rehearing in Peruta v. San Diego -> Peruta-v-San-Diego_Brief-of-Amici-Curiae-Sheriff-Ed-Prieto-and-County-of-Yolo-in-Support-of-Rehearing-En-Banc[1]
    Last edited by Grapeshot; 02-05-2015 at 03:51 AM. Reason: Rule #19
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

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    Read it , thx for the post.

    Nothing unusual or new. Gov't wants to suppress a right. Nothing new.

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    Quote Originally Posted by davidmcbeth View Post
    Read it , thx for the post.

    Nothing unusual or new. Gov't wants to suppress a right. Nothing new.
    The "Right" is already Suppressed! The Government just wants to continue to do so!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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    Current status?

    I've noticed that there is a lot of confusion out there as to where the Peruta decision now stands.

    1. By anyone's calculation the en banc voting period is over.
    2. On Monday, which by anyone's calculation would have been the end of voting (the deadline was likely between Wednesday and Friday of the previous week), the stay on the en banc petition in the related (and dependent upon Peruta) case of Richards v. Prieto was lifted. En banc consideration in Richards v. Prieto can proceed.
    3. The mandate has not been issued in Peruta (or Richards) and no decision on whether or not either Peruta or Richards will be heard en banc has been made as of this writing.

    Decisions on whether or not to rehear a case en banc normally take from one to three months based on my spot check but, procedurally, Peruta is anything but typical. The last case took 149 days from the sua sponte call to the decision on whether or not to rehear the case en banc.

    The sua sponte call for an en banc vote in Peruta was made two months ago on December 3rd, 2014. And so now we wait. The decision can be published any day now but keep in mind that it is a concealed carry decision and limited to San Diego county. Similarly, Richards v Prieto is a concealed carry decision and any "success" in that case is limited to Yolo county.


    For more, click here.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

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    Please keep us posted ....

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