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Judge on Ninth Circuit calls for vote on en banc review of Peruta
Gun Watch ^ | 5 December, 2014 | Dean Weingarten

Posted on 12/07/2014 7:31:46 AM PST by marktwain

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To: Clump

My belief is that if Peruta stands, the second amendment wins the culture war, and then the legislative war, and then the jurisprudence war.

If Peruta stands,California and Hawaii become shall issue. Probably a million more CCW permits. That many more permits means it is an irreversable step for California and Hawaii. No state has ever reversed a shall issue law.

Then all you have left is a tiny cluster of East Coast states centered around New York, with the Congress voting national reciprocity into law. That cluster will not be able to stand haveing everyone but their own citizens being able to bear arms outside the home, in their own states.


21 posted on 12/07/2014 1:28:33 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

Also, I noticed that the three judge panel in this case is made up of appointees from Reagan, G.W. Bush, and Clinton.
Thomas is the Clinton appointee and he was the dissenter.
The left definitely has the numbers to reverse the panel, but like I said before, they would be taking an unnecessary risk given the trend by the other circuits and the potential for SCOTUS to reverse them, thus creating national precedent.
Here’s to hoping they decline review.


22 posted on 12/07/2014 1:33:02 PM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Clump

I hope so too. I wonder what the procedures are for a vote? There must be procedures and a time limit.

Also, if they fail to accept this case for en banc, it seems highly unlikely that they will accept Prieto, from another county, or Baker, from Hawaii.

That will still leave the possibility of an appeal to the Supreme Court, but it would be to reverse Peruta, not uphold it. A significant difference.


23 posted on 12/07/2014 4:57:45 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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