Posted on 02/09/2016 5:18:25 PM PST by marktwain
Edward Peruta v. County of San Diego is a closely watched case in the Ninth Circuit Court of Appeals. Originally, a three judge panel ruled that Sheriff’s did not have the authority to arbitrarily refuse to grant permits to most citizens who applied for them, invalidating the “good reason†excuse that Sheriffs were using.
The case is particularly important because the panel ruled that there is a Constituitonal right to carry a gun outside of the home, and that government entities may not effectively ban the carry of firearms outside of the home for self defense. At least one judge in the Ninth Circuit asked that an En Banc panel re-hear the case. The Court voted to hear it En Banc on 26 March, 2015.
Guam changed its law to "shall issue" based on the Peruta decision, before the en banc review. Guam joins the 41 states that have laws that require the issuance of a permit if the legal requirements are met. California and Hawaii have been required to convert to a "shall issue" status; that now depends on the resolution of the Peruta decision. Vermont does not require the issuance of a permit, and does not issue one. Only six states will fall into the category where the issuing authority may arbitrarily refuse to issue a permit, if Peruta is upheld. Those states are New York, New Jersey, Connecticut, Maryland, Massachusetts, and Delaware.
Arguments have been presented; amicus briefs were submitted by the end of April. Oral arguments were heard on June 16, 2015. There has not been any updates on the Ninth Circuit web page for the case since 22 June, 2016. From Peruta website uscourts.gov:
(Excerpt) Read more at ammoland.com ...
Well, it should be appealed up the the SCOTUS, where Roberts can get his sticky fingers on it.
I love it when something like this comes out of California.
L. A. County is a no issue for all intents and purposes.
I’d love to see that come crashing down.
California is SHALL ISSUE...??
If the Peruta decision is upheld, California will be required to be shall issue for concealed carry.
Got it, sorry and thank you.
Ill pray super hard for this..!!
Either way the decision goes, it will likely be appealed to the Supreme Court.
Whether the Supreme Court will decide to hear it is another matter.
The Supreme Court used to hear all cases brought before it. It wasn’t until the 1920s that the court was granted the power to pick and choose cases by Congress. I am trying to recall the reference. Maybe someone can help.
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