California Right To Carry
Regular Member
My appeal before the 9th Circuit Court of Appeals had been stayed on January 21, 2015 by the Appellate Commissioner until a decision had been made on whether or not to take the concealed carry case out of Yolo County (Richards v. Prieto) en banc. This made no sense for a number of reasons one of which is the Richards v. Prieto case was disposed of with an unpublished memorandum. As far as other cases are concerned, it doesn't exist. If anything, the stay should have been linked to the Peruta v. San Diego case which is the sole basis the district court judge gave for dismissing (with prejudice) my Second Amendment claims. As you may recall the Peruta Court said that it was not ruling on the Constitutionality of ANY California law. The district court judge concluded that meant that the Peruta Court had upheld EVERY California gun-control law. Of course the district court judge held that persons and their openly carried firearms fall completely outside the scope of Fourth Amendment protections, even in one's home and my personal favorite is that people are not allowed to challenge race based criminal laws unless they allege that the law was enforced against them because of their race. It is longstanding law that a person does not have to wait for a law to be enforced against him for any reason, including race, to challenge its constitutionality. The district court judge carved out an exception to this which I don't see even the most liberal-lefty judge on the 9th Circuit or SCOTUS upholding.
In any event, both the Richards and Peruta decisions have been vacated and both will be heard before an en banc panel the week of June 15th.
That both cases were vacated did not come as any surprise to me as anyone who has been following my case or posts well knows. Before the cases had been vacated and en banc oral arguments scheduled, I had planned on filing a motion to have my appeal heard before the same en banc panel as Peruta and Richards. I did not expect the en banc oral arguments to be scheduled at such an earlier date. Logistically, it is impossible for my appeal to be heard alongside Peruta and Richards. This is sad because among all the parties arguing that day, none will be arguing to defend the Second Amendment.
Instead, I am simply filing a petition for my case to be initially heard en banc which, if granted, means that my appeal will be heard by a separate en banc panel than the one that hears Peruta and Richards and because of the briefing schedule in my appeal, will be heard after the Peruta/Richards en banc.
My Appellant Opening Brief is due 14 days after the 90 day stay of my appeal expires or 14 days after any subsequent stay. My petition for my appeal to be heard initially en banc is already written and will be filed immediately after I file my opening brief.
As it now stands, as of April 2, 2015 my opening brief is due on May 5, 2015. The Appellees have until next Thursday to file a status report and a motion to stay or motion for other relief.
As you can see, by the time my appeal is fully briefed the Peruta/Richards en banc hearing will be a fait accompli.
The nice thing is that once the en banc panel tosses the Peruta and Richards decisions into the trash, every single concealed carry case in this Circuit fails as well leaving one case left standing - mine. :lol:
[video]https://youtu.be/UaxxuyBvB-M[/video]
In any event, both the Richards and Peruta decisions have been vacated and both will be heard before an en banc panel the week of June 15th.
That both cases were vacated did not come as any surprise to me as anyone who has been following my case or posts well knows. Before the cases had been vacated and en banc oral arguments scheduled, I had planned on filing a motion to have my appeal heard before the same en banc panel as Peruta and Richards. I did not expect the en banc oral arguments to be scheduled at such an earlier date. Logistically, it is impossible for my appeal to be heard alongside Peruta and Richards. This is sad because among all the parties arguing that day, none will be arguing to defend the Second Amendment.
Instead, I am simply filing a petition for my case to be initially heard en banc which, if granted, means that my appeal will be heard by a separate en banc panel than the one that hears Peruta and Richards and because of the briefing schedule in my appeal, will be heard after the Peruta/Richards en banc.
My Appellant Opening Brief is due 14 days after the 90 day stay of my appeal expires or 14 days after any subsequent stay. My petition for my appeal to be heard initially en banc is already written and will be filed immediately after I file my opening brief.
As it now stands, as of April 2, 2015 my opening brief is due on May 5, 2015. The Appellees have until next Thursday to file a status report and a motion to stay or motion for other relief.
As you can see, by the time my appeal is fully briefed the Peruta/Richards en banc hearing will be a fait accompli.
The nice thing is that once the en banc panel tosses the Peruta and Richards decisions into the trash, every single concealed carry case in this Circuit fails as well leaving one case left standing - mine. :lol:
[video]https://youtu.be/UaxxuyBvB-M[/video]
Last edited: