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Pro-Second Amendment Ruling Stands--Ninth Circuit Rejects Attempts by California AG and Brady Campaign to Meddle with Peruta Decision

Friday, November 14, 2014



As we’ve been reporting, a three-judge panel of the United States Court of Appeals for the Ninth Circuit handed gun owners a tremendous victory in February by recognizing the Second Amendment protects a right to bear arms outside the home.  The decision also invalidated the San Diego County Sheriff’s policy of issuing concealed carry permits only upon a showing of extraordinary need for self-protection that would distinguish the applicant “from the mainstream.”

Following the decision, San Diego County Sheriff William D. Gore declined to appeal the ruling.  This led the California Attorney General, the Brady Campaign, and others to file motions to intervene in the case so they could request rehearing before a larger panel of the Ninth Circuit or appeal to the Supreme Court.  In the meantime, the panel’s decision was put on hold, although a number of California counties relented and changed their may-issue policies to shall-issue in recognition of the court’s holding.

On Wednesday, the same three-judge panel rejected the motions to intervene in the case.  The court found that the would-be intervenors failed to timely file their motions.  Noting the late stage of the proceedings and the fact that the case was over four years old, the court found that there was ample opportunity for earlier intervention in the case had the state or the Brady Campaign decided to act on it.

While the challenge in this case targeted San Diego’s interpretation of “good cause” for issuance of a permit, the court’s decision, if it becomes final, would affect the entire Ninth Circuit.  No other jurisdiction under the court’s authority, including Hawaii and certain U.S. territories, could require showing of an extraordinary need for a person to exercise the right to carry a firearm for self-defense in public.

Nevertheless, the most recent order could be appealed to a larger en banc panel of the Ninth Circuit, and petitions for review of two other cases challenging “may-issue” requirements are currently pending in the Ninth Circuit.  Until all three of these cases reach final judgment, the arbitrary “may-issue” carry permit systems in certain California jurisdictions, Hawaii, and elsewhere could remain in effect.

In the meantime, the panel’s latest decision represents another setback for gun control extremists in California.  Still, their seemingly inexhaustible supplies of money and denial indicate they will not accept defeat easily.  Whatever happens in these cases, your NRA will continue to report on important developments.

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Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Tuesday, June 19, 2018

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Today, the Pennsylvania House Judiciary Committee passed House Bill 2227, legislation that creates so-called “extreme risk protection orders” whereby a hearing would be held, firearms would be seized and constitutional rights suspended with little to no due ...

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Monday, June 18, 2018

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Tomorrow, the Pennsylvania House Judiciary Committee is scheduled to consider several gun control bills that would only punish law-abiding gun owners.

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

Wednesday, June 20, 2018

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

This morning, the House Judiciary Committee continued its push for gun control by passing House Bill 1872, legislation which would ban many firearm accessories.

News  

Thursday, June 21, 2018

NRA Backs Motion to Halt New Jersey Magazine Ban

NRA is backing a motion filed in the U.S. District Court of New Jersey to halt the enforcement of New Jersey's ban on so-called “high-capacity” magazines until the court rules on the underlying case. 

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

Friday, June 15, 2018

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

The Supreme Court struck down a Minnesota law that forbade voters from wearing “political insignias” at polling places after the law was challenged by a voter who was told he must remove or cover his ...

Oregon: Gun Control Proponents Suspend Attempts to Qualify Initiative Petition 44

Hunting  

Wednesday, June 20, 2018

Oregon: Gun Control Proponents Suspend Attempts to Qualify Initiative Petition 44

Earlier today, the proponents for Initiative Petition 44 announced they are suspending their campaign for the year and will no longer seek to place the initiative on the November ballot.

D.C. Area Witches Unite for Gun Control, Hurl Curses at the NRA

News  

Friday, June 15, 2018

D.C. Area Witches Unite for Gun Control, Hurl Curses at the NRA

Gun control advocates can now boast of a new group of allies joining their dubious coalition: witches. It kind of makes sense. We all know that gun control is based mainly on magical thinking. Its advocates, after ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

The Rolling Stone Continues its Inaccurate Anti-NRA Reporting

News  

Friday, June 15, 2018

The Rolling Stone Continues its Inaccurate Anti-NRA Reporting

It is by no means a closely held secret that Rolling Stone magazine has aggressively promoted an anti-gun agenda for many decades.  It started in 1980, with the death of John Lennon at the hands of ...

Utah: “School Safety Commission” Endorses Strict Gun Control Policies

Thursday, June 21, 2018

Utah: “School Safety Commission” Endorses Strict Gun Control Policies

Yesterday, the Utah School Safety Commission met with the press to discuss their policy recommendations which they believe will make schools safer.

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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.