Peruta Denied En Banc; Shall Issue for Ninth Circuit Upheld

Gun Watch ^ | 13 November, 2014 | Dean Weingarten

[marktwain]

Peruta is the seminal right to carry outside the home case that was decided on February of 2014.   The case was decided against Sheriff Gore of San Diego County, and San Diego County.   The Sheriff and the County declined to appeal to the full Ninth Circuit for an en banc hearing.   The AG for California, applied to be granted the ability to intervene for the state, to ask for a en banc hearing.

Today, 12 November, 2014, the Ninth Circuit denied the motions to intervene, thus denying requests for an en banc hearing for the decision.   Therefore, Peruta stands as the law of the land in the Ninth Circuit.   This means that effectively, some version of "shall issue" carry law will become law in all of the Ninth Circuit.

Hawaii just lost its highly restrictive permiting "may issue" scheme that prevented nearly anyone but a few security guards from carrying arms in Hawaii (outside of government officials).

This is a tremendous restoration of second amendment rights for California, Hawaii, the Northern Mariana Islands, and likely, American Samoa.   There may be other jurisdictions that I am missing. 

Guam has already passed a "shall issue" law, and the Northern Mariana Islands and Hawaii both have lawsuits pending.

This decision also has potential significant effects for the District of Columbia, as Peruta was heavily cited in Judge Scullin's decision that invalidated the District's ban on the carry of guns outside of the home.

The decision, coming after months of delays, but immediately following a landslide national election rejecting President Obama's policies, gives grist to the mill for those who say that judges watch election results.

It is welcome balance to the passage of I-594 in Washington state, where Billionaire's money purchased an gun owners' harassment initiative disguised as a universal background check measure.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

The importance of this for restoring second amendment rights is hard to overstate. California and Hawaii become shall issue. If the Supreme Court refuses to hear it, all but a little sliver of northeast coastal states become shall issue.

Hard to see how national reciprocity can fail with that being the case.

[Vendome]

If this stands, I will apply for a CCW.

It’s weird. You can easily obtain CCW in Eureka or Humbolt counties but, it’s damned near impossible in the Bay Area.

[muir_redwoods]

How tough is it in Los Angeles?

[doorgunner69]

I look for counties that do not like this to throw as many stumbling block (training, etc) in the way as possible.

No way is Hawaii going to make this easy for citizens. Too many rabid gun hating liberals here.

[marktwain]

It is near impossible to get a concealed carry permit in Los Angeles.

You pretty much have to be politically connected to get one.

The LA PD has been taken to court a number of times on this.

[The KG9 Kid]

It's California, and therefore meaningless.

Nothing in the law is ever truly decided as settled in California. The law is whatever an endless conga line of bureaucrats says it is.

There's no chief law enforcement officer in California that's going to adhere to anything some Federal circuit court ruling finds in favor of a common plebeian citizen.

Even if the highest court in the land were to rule in favor of Peruta, the sheriffs of California will continue to use Jim Crow to deny CCWs for anyone they choose.

Maybe you may get a CCW, and maybe you won't. It's all up to the whim of some elected twit with a badge and a gun.

[DCBryan1]

I have family members that have vacation homes in Kern County. The Kern county sheriffs used to hand concealed handgun licenses out like candy after a quick background check. Relatives live and work in Ventura County.

[petro45acp]

...moose bytes...

[petro45acp]

“This is a tremendous restoration of second amendment rights...”

Tremendous easing of Second Amendment infringements...

There, fixed it...

KYPD

[Vendome]

No worse than up here in the Bay Area...

[Vendome]

Should have looked at the subject I was posting to.

Thought it was about earthquakes but, L.A. is nigh impossible for CCW as well.

[The KG9 Kid]

And there's plenty of applicants in places where Californians actually *live* that are denied on grounds of failing a 'good moral character' ('GMC') test without ever being told what the supposed violation was.

Sure, you can get a California CCW way out in Modoc or Tulare county, where only the bobcats and coyotes and jackrabbits are your neighbors, but fat chance of getting one in San Diego or San Mateo or San Francisco -- even with this Federal court ruling specifically ruling against those counties.

They'll appeal this ruling, appeal it again, and then appeal it some more. Charles Manson has a better chance of making parole than an ordinary joe getting a CCW in San Francisco just because he wants one.

[marktwain]

An interesting thing about this is who would have standing to appeal Peruta. The Ninth Circuit pretty much said that the State of California does not have standing. Both Sheriff Gore and the County of San Diego have indicated that they will not appeal.

[Mariner]

Heads Exploding in Sacramento!

Once they wipe their sh!t off the wall they will scheme to undermine this decision at every opportunity, passing law after law and forcing return trips through the courts.

Until the courts get mad and start holding in contempt...or some law makers and law enforcers start defending criminal charges of Conspiracy to Deny Civil Rights Under Color of Law.

But, eventually the 2nd Amendment and the people will prevail.

[Mariner]

"I look for counties that do not like this to throw as many stumbling block (training, etc) in the way as possible."

In Sacramento County the Sheriff is RELATIVELY lenient for issue.

But you have to take the handgun self defense course AND qualify the same as LEO.

Easy for some. Not so easy for an 80yr old man (Age Discrimination suit bait).

Also, there's lots of people who cannot afford the range time and ammo to be able to hit a 10 inch target 5 of 5 at 20yds.

Some argue that's a good thing. I'm not one of them.

Self defense is a human right which happens to be codified in the 2Nd Amendment.

If you can shoot 6ft out, you're qualified.

[Clump]

Even the Obama packed 9th Circuit wanted nothing to do with reversing the panel.
My guess is they think the 5 in Heller and McDonald would slap them down.

[Vendome]

I think what happened is our hottie AG didn’t file on time.

She may have believed they wouod rule in favor of her cop killing ideology and the victim citizen, which socialists everywhere believe in.

[marktwain]

They saw the election results.

The majorities for national reciprocity for concealed carry have been there for probably 8 years. They may have decided not to buck the flow on this. Hard to see how courts refuse to allow visitors from other states their constitutional rights.

Big chunks of California had virtual “Shall Issue” already.

“May issue” is simply not sustainable under Heller and McDonald, unless you as willing to be completely dishonest, as has happened in some of the other circuits.

[navyblue]

In California? Hell has frozen over.

[Oatka]

You pretty much have to be politically connected to get one.

I lived in CA until '88. While there, I heard that LA authorities granted "Honorary Deputy" status to The Favored, which meant that they could carry. I imagine that is still going on.