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ryan_j

9th circuit rules "good cause" for handgun permits impermissibly burdens the 2nd amendment

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So their position is that the court is too busy to take the case further?  Brilliant....

 

No, their position is that if they hear it en banc, one of tow things will happen. 1)They will side with the state, in which case Peruta's side will appeal to SCOTUS. 2)They will Side with Peruta, in which case the state can and likely will appeal to SCOTUS. If they don't hear it en banc, the state may or may not appeal to SCOTUS as they see fit. 

 

Given that, there is ZERO reason to hear it en banc according to the filer as either way SCOTUS has to make the decision anyway or the verdict stands as is. As a benefit, he argues that the court can get on with other cases and reduce their total pending workload. 

 

It's nice, but it is not true. Eliminating the decision would eliminate a clear well defined split amongst circuit courts, possibly helping ot keep the issue of SCOTUS radar forever as there is little liklihood of the issue creeping up in other circuits anytime soon. 

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"it's complicated."

Basically California AG Kamala Harris had filed a motion to intervene and be a party in the case. Sheriff Gore had decided that he's out of the case and even refused to answer the court. Brady campaign also filed for a motion to intervene to be a party in the case. Kamala Harris has also asked if the case could be reheard en banc (full court hears the case, instead of just 3 judge panel). 

 

The court asked Peruta's attorneys and Gore to write a brief in support or against the motions to intervene. Sheriff Gore initially did not respond to the court. He wants nothing to do with this. The Court ordered him a second time to write a response. He wrote one saying that the AG would be appropriate to intervene. 

 

That was on 5/14. Nothing has happened since.

 

Your guess is as good as mine but theories are that the opinion will stand. Let's cross our fingers and hope it does.

 

The 9th circuit has a webpage dedicated to Peruta with the briefs:

 

http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000722

 

Attorneys Michel and Associates also has a page with that info plus a few other things:

 

http://michellawyers.com/guncasetracker/perutavsandiego/

 

 

So right now we are waiting for the court to decide on the motion to intervene and rehearing en banc. 

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are these "some that are suggesting" people with actual knowledge? or people like me who think that these cases are decided day 1.  and it just takes 10 years for them to figure out how to write it in a way to make them look smart?

 

One or two are attorneys who practice appellate law. 

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