Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California Attorney General Seeks En Banc Review of Ninth Circuit’s Denial of her Request to Intervene in Peruta Case

Wednesday, November 26, 2014

Today, November 26, California Attorney General (AG) Kamala Harris filed a request for en banc review of the Ninth Circuit’s denial of her request to intervene in the NRA supported case of Peruta v. San Diego, which produced a landmark decision striking down as a violation of the Second Amendment San Diego County Sheriff William Gore’s policy of refusing to issue licenses to carry firearms in public unless an applicant could demonstrate a special need for one.
 
The AG’s latest request 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 further appeal the case.  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 intervene in the case.
 
If Harris is successful in overturning the Court’s order and is allowed to intervene in the Peruta case, all Ninth Circuit judges will then vote on whether to re-hear the Peruta case itself before an 11 judge en banc panel. If they decide to do so, the panel will either uphold the current decision supporting the Second Amendment or overturn it. The court could, however, simply vote not to rehear the case, thereby allowing the three-judge panel decision to stand.

It is unknown how long the court may take to rule on these current requests from the AG and the gun ban lobby.  The NRA attorneys have prepared and posted an explanation of the en banc review process online that describes the various potential permutations in the court’s review process. Whatever the Ninth Circuit might end up doing if it allows the Attorney General into the case, either side would almost certainly petition a loss to the United States Supreme Court.

Even if the Court denies Harris’s latest request, pending requests for en banc review in similar cases that benefitted from the work done in the Peruta case could potentially imperil the Peruta ruling. Both the County of Yolo, California, in the case of Richards v. Yolo County, and the State of Hawaii, in the case of Baker v. Kealoha, have already petitioned for en banc review of the Ninth Circuit’s rulings in those cases, which essentially hold that they lose because of Peruta. If those petitions for review are granted, the Peruta opinion will be in jeopardy of being overturned, just as if the Peruta opinion itself was being reviewed by the Court.

Stay tuned to www.NRAILA.org for more up to the minute developments as this important case progresses.
 
Help Support the Cause by Donating to the NRA
 
You can assist in the fight to defend gun owners’ rights in California courts by donating to the NRA Legal Action Project today.  For a summary of some of the many actions the NRA has taken on behalf of California gun owners, including the tremendous recent victory in the Peruta case click here.  Second Amendment supporters should be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA’s national legal team. The NRA’s team of highly regarded civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.