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BREAKING: Ninth Circuit Orders En Banc Rehearing in Peruta v. San Diego CCW Lawsuit
firearmspolicy.org ^

Posted on 03/26/2015 7:14:48 PM PDT by Red in Blue PA

In orders released moments ago, the Ninth Circuit Court of Appeals has ordered en banc rehearings in the landmark right-to-carry cases Peruta v. San Diego and Richards v. Yolo County Sheriff Ed Prieto.

From the filed orders:

(Excerpt) Read more at firearmspolicy.org ...


TOPICS: News/Current Events
KEYWORDS: banglist; guncontrol

1 posted on 03/26/2015 7:14:48 PM PDT by Red in Blue PA
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To: Red in Blue PA

There’s no info in the linked item concerning the cases. Were the original 3-judge decisions 2nd Amendment friendly?


2 posted on 03/26/2015 7:18:21 PM PDT by House Atreides (CRUZ or lose!)
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To: Red in Blue PA

“We’ve found a way we might get around that pesky Constitution, order a re-hearing!”


3 posted on 03/26/2015 7:24:24 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: House Atreides
Effectively, the pair of cases made California a ‘shall issue’ state for concealed carry. The en blanc hearing has reversed and remanded the 3 judge ruling, transitioning California back to a ‘may issue’ state. Quite a few steps backwards in one sweeping (and deceptively small) order.
4 posted on 03/26/2015 7:26:44 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Red in Blue PA

In a revolution of Hosts throwing off the parasite, this court will vacate and the revolution will find these communist judges under their beds. The trial will have no appeal.


5 posted on 03/26/2015 7:27:35 PM PDT by iowacornman (Speak out with courage!!)
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To: kingu

Thanks, I guess the 9th circuit will reverse and this will potentially be headed for the Supreme Court.


6 posted on 03/26/2015 7:28:27 PM PDT by House Atreides (CRUZ or lose!)
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To: kingu

To provide some more detail, the original plaintiff (Peruta) was denied a concealed-carry permit in San Diego, under their highly restrictive laws. And California doesn’t permit open carry under any circumstances. The combination of the 2 effectively represented a violation of the 2nd Amendment, as it eliminated any possibility for a citizen to exercise their 2nd Amendment rights. Had the original ruling been allowed to stand, either San Diego or California would have to give - and you know who would win that.

The San Diego no-issue laws would necessarily become shall-issue, and any other jurisdictions with similar restrictions would have to follow the precedent - effectively making California as a whole a shall-issue state.

With the ninth circuit’s reputation as the most liberal in the land, clearly there are enough judges on the court that believe they can find some daylight here, preserving both the ban on open-carry, and at least something substantially less than shall-issue.


7 posted on 03/26/2015 7:34:47 PM PDT by Be Free (I believe in gun control. The more people that control their own guns, the safer we'll all be.)
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To: House Atreides; mrsmith

Yes, the original 3-judge decisions 2nd Amendment friendly, in that it relaxed requirements that county sheriffs could place on applications for permits.

mrsmith, you may be more right than you think - the 9th originally denied an en banc hearing requested by CA AG. Now, this en banc hearing is being held after voting on the sua ponte request of one (1) 9th Circuit judge.


8 posted on 03/26/2015 7:48:06 PM PDT by Ready4Freddy
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To: Red in Blue PA

isn’t the ninth circus the most reversed circus in the land?


9 posted on 03/26/2015 7:57:30 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: House Atreides

Yes, but the dissenter in that case just recently became Chief Justice for the 9th Circus. Calgun’s forums think they are done and SCOTUS will not pick this up when it finally gets to them in several years. It’s going to get slow-walked.


10 posted on 03/26/2015 8:08:01 PM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: Red in Blue PA
BREAKING: Ninth Circuit Circus Orders En Banc Rehearing in Peruta v. San Diego CCW Lawsuit

There, fixed it.

11 posted on 03/26/2015 8:51:46 PM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: Red in Blue PA

Time for “Call to Arms” and begin the inevitable “cleansing” of our corrupt judiciary, as a start, and the preparation of “
cleansing” and “reconstituting” our government, IMO.


12 posted on 03/26/2015 9:31:02 PM PDT by Pox (Good Night. I expect more respect tomorrow.)
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To: Be Free

And California doesn’t permit open carry under any circumstances.

Actually there are exceptions.


13 posted on 03/26/2015 9:32:57 PM PDT by Excellence (Marine mom since April 11, 2014)
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