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Arizona -(Ammoland.com)- In Peruta v. California, the Ninth Circuit held that the right to carry concealed arms outside the home was not protected by the Second Amendment.The Ninth refused to consider that the ability to carry openly was prohibited by California law, thus nullifying the right to carry outside of the home. On Monday, 26 June, the Supreme Court officially denied the petition for a write of certiorari. The Ninth Circuit denial of Second Amendment rights outside the home will stand. From politico.com: The Supreme Court declined to review a case about the right to carry firearms outside the home,...

Rumors are flying that the Supreme Court to hear the appeal to the 9th Circuit decision on Peruta v. California.  It makes sense that the Court would agree to hear the appeal now that Justice Gorsuch is on the Court.  From scotusblog.com: There is only one new relist this week – but oh, what a relist it is. Peruta v. California, 16-894, asks whether the Second Amendment entitles citizens to carry handguns outside the home for self-defense – including concealed carry when carrying firearms openly is forbidden by state law. Under California law, openly carrying a handgun outside the...

Arizona – -(Ammoland.com)- Edward Peruta and his fellow plaintiffs have decided to have their council petition the Supreme Court to hear an appeal to the last Ninth Circuit decision in The Peruta case.Edward Peruta applied to the San Diego County Sheriff for a permit to carry concealed. The Sheriff refused to grant him a permit. Peruta’s case was wrapped in with another case making its way through the courts, with other plaintiffs. The plaintiffs were ruled against in the district court and appealed to the Ninth Circuit. The Ninth Circuit ruled that County Sheriffs could not use their discretion to...

If you aren’t sure whether it matters who replaces the late Antonin Scalia on the Supreme Court, think about a case just decided by the Ninth Circuit Court of Appeals, Peruta v. County of San Diego. Peruta is a Second Amendment case involving the right of citizens to legally carry concealed weapons and the upshot of the court’s ruling is that Californians can be denied concealed carry permits upon the whims of local government authorities. Moreover, while the Ninth Circuit majority acknowledges the Supreme Court’s crucial holding in District of Columbia v. Heller (one of Justice Scalia’s most forceful opinions)...

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...

Oral arguments will be heard before the En Banc panel of the Ninth Circuit Court of Appeals on Tuesday, 16 June, 2015.   The hearing will take place at 3:30 p.m. in Courtroom One at the James R. Browning Courthouse, 95 Seventh Street in San Francisco.  I have not seen what judges have been selected for the En Banc panel.  According to Ninth Circuit procedure, there will be 11 members.  I am sure that the oral arguments will be well covered.  The crux of Peruta is whether the right the keep and bear arms extends outside of the home.   The...

When I was interviewing Ed Peruta, he sent me this notice of the event in Southern California where he will be giving a talk this Saturday.  It is in Ramona, California.  Ramona is located a bit North of San Diego.  Here is a map of the location: This website gives directions from a number of locations.   Here is a link to the website of the organization sponsoring the event.  When I talked to Ed, he struck me as a dynamic and motivational speaker.   I do not know if I will be able to attend, as I am traveling and...

Ed Peruta initiated the lawsuit that became the Ninth Circuit Court case, Edward Peruta v. County of San Diego.  Not a lot has been written about the man who initiated the case with the potential to reform all the "may issue" concealed carry laws in the country.    Recently, Mr. Peruta wrote a comment about the Ninth Circuits decision to hear the case en banc.  I found the comment on a Hawaii publication.   Here it is.   From civilbeat.com: I have this comment regarding today's ruling from the Ninth Circuit: San Diego Sheriff Bill Gore has had the...

The commonsense ruling that the second amendment applies outside of the home in the Peruta court case in the Ninth Circuit will now be decided by a hearing of an en banc panel of the justices of the Circuit. Decided in favor of the plaintiff, procedural motions eventually led to a at least one judge calling for the en banc hearing, sua sponte.  Thought to be unlikely because of both the clear ruling and the rarity of en banc hearings, the Ninth none the less voted to hear the case en banc.  The notice of the vote was published...

The Chart above is said to have been produced by michellawyers.com.  This is a screen shot of the pdf file.   I appreciate the work that went into producing this chart, especially as the timing is subject to change "for good cause" by the En Banc Coordinator at every step of the process.    I do not know if Judge Sidney Runyan Thomas is still the En Banc Coordinator.  The chart is said to have been produced in 2010, four years ago. Now that a Judge in the Ninth Circuit has called for the an En Banc review, sua sponte, this...

In the ongoing saga of Peruta v. County of San Diego, another procedural turn; a judge on the Ninth Circuit has called for a vote to determine if the Circuit will hear the case en banc.   This is a call for a vote to review the original decision, not to hear the appeal of the denial of the request to intervene by Attorney General Kamala Harris of California.  Here is the Order, from the pdf: Before: O’SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.A judge of this Court having made a sua sponte call for a vote on whether this case...

On November 26, Kamala Harris, the AG of California, filed a request for an en banc review of the decision on 12 November to deny her request to intervene in the case.  From campaign-archive1.com  (Michel & Associates): The AG’s latest request to the court comes after the court denied the AG’s and several gun ban advocacy groups’ requests to join the case once they learned Sheriff Gore had decided not to appeal the case any further.  The anti-gun rights groups have also filed a similar request for en banc review of the Ninth Circuit's denial of their requests to...

If Peruta is upheld, and all states become "Shall Issue", a lot of us are going to have to go shopping for a new concealed carry firearm with all the accessories. I have not given a lot of thought about what I would buy, given the fact that I live in the State of New Jersey. I would be more likely to hit the Mega Millions than land a concealed carry permit under the NJ rules. So I am kind lost in the woods, here. I thinking that something fairly small, but with decent accuracy that is not going to...

California Poll: Do you think self-defense is good enough cause to be issued a concealed weapons permit? This is a straight yes or no question, and it is getting a clear response.   It is about 6-1 in favor of second amendment supporters at this time.    The question is based on the resolution of the Peruta decision, which says, in a straightforward way, that the second amendment protects the right of a person to carry arms outside of the home for self defense.   The result of the decision is that California permit applicants will not be denied a permit at...

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...

Edward Peruta, became famous because of the lawsuit that bears his name.   The Ninth Circuit decision brought "Shall Issue" concealed carry permits to California, Hawaii, and the territory of Guam, though the issue is still being challenged in the courts. He has endorsed the son of a Marine sargent that he knew in combat for the State Senate.  In this Youtube video, Edward Peruta talks to Hawaii state senate candidate Joe Kamaka. The elder Kamaka was Edward Peruta's sargent in Vietnam, who Peruta credits with saving his life.   From opencarry.org: To the voters of Maui, I recently had a...

On the first of May, the Ninth Circuit ordered  that Appellee William Gore, the San Diego Sheriff, respond to the State of California request to intervene in the Peruta case.  Peruta is the case where the Ninth Circuit ruled that Sheriff Gore had to issue concealed carry permits to the public for general self defense.   The order is on hold because  of the request to intervene.  Currently, the Sheriff only issues permits if the applicant demonstrates a unique need under  “circumstances that distinguish [him] from the mainstream,”.  This is commonly referred to as a "may issue" policy. Sheriff Gore,...

The Peruta dominos continue to fall. In an earlier decision in Baker v Kealoha, a District Court refused to rule in favor of the plaintiff, Christopher Baker. Baker had moved for an injunction against various Hawaii state agencies that had denied him a carry license. As a Ninth Circuit panel summed up the District Court’s rationale, the District Court denied the motion because, “Baker was not likely to establish that Hawaii’s restrictions on carrying firearms in public were unconstitutional under the Second Amendment, and therefore, Baker was not likely to succeed on the merits.” But that was pre-Peruta . ....

Late this afternoon, the San Diego County Sheriff’s Office issued a press release announcing that it will not seek en banc review of the Peruta decision, which was issued last Friday by a 2-1 panel of the Ninth Circuit. As I detailed in a post last week, Peruta requires that the exercise of the Second Amendment right to carry a licensed firearm for lawful self-defense be considered “good cause” under the California statute providing for the issuance of concealed carry permits. The press release is scrupulously silent about the possibility of filing a petition for a writ of certiorari. The...

Dear Supervisors: On Thursday February 13, 2014, the Ninth Circuit Court of Appeals issued an opinion in the case of Peruta, et.al v. County of San Diego, et.al concluding that the State of California's requirement of "good cause," in cases where an applicant wants a firearm for personal protection, impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense. In its opinion, the Ninth Circuit defined the issue on appeal as "whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense." In so doing, the Ninth Circuit...