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
A New Candidate for Confiscator-in-Chief

News  

Monday, November 11, 2019

A New Candidate for Confiscator-in-Chief

Former Texas Congressman Robert Francis O’Rourke abandoned his run for President last week, once again leaving a void for the most strident anti-gun candidate seeking the Democrat nomination. Even before declaring his candidacy for President, ...

Strong Firearms Preemption Laws are More Important Than Ever

News  

Gun Laws  

Monday, November 11, 2019

Strong Firearms Preemption Laws are More Important Than Ever

Photo Courtesy of Jeremy Tremp In recent weeks, gun owners have been given two prime examples of just how important strong firearms preemption laws are to the vibrant exercise of Second Amendment rights. On October ...

National Hearing Conservation Association Supports Suppressors

News  

Monday, November 4, 2019

National Hearing Conservation Association Supports Suppressors

Photo Courtesy of Silencer Shop On October 28th, the National Hearing Conservation Association sent its new position paper on firearms suppressors to the American Suppressor Association. The paper, in short, recognizes the important role that ...

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

Friday, September 20, 2019

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

On September 19th, Wisconsin Governor Tony Evers, Attorney General Josh Kaul, Representative Melissa Sargent (D-48), and Senator Lena Taylor (D-4) held a press conference calling on the Legislature to violate the Second Amendment by: 1) ...

New Hampshire: Firearm Seizure Bill Headed to House Floor

Thursday, October 31, 2019

New Hampshire: Firearm Seizure Bill Headed to House Floor

On October 30th, the New Hampshire state Criminal Justice and Public Safety Committee sent House Bill 687 to the House floor for further consideration after a motion to kill the bill failed by a vote ...

Bloomberg’s Gun Control Apparatus Lies to Virginia’s Firearm Owners in Election Mailing

News  

Monday, November 4, 2019

Bloomberg’s Gun Control Apparatus Lies to Virginia’s Firearm Owners in Election Mailing

Here’s a hint for Virginia gun owners and sportsmen: When you get a firearm-related election mailing with a New York City return address and proudly proclaiming that it’s printed on soy ink, you can safely ...

News  

Friday, June 27, 2008

Heller: The Supreme Decision

Leaders of the National Rifle Association (NRA) praised the Supreme Court’s historic ruling overturning Washington, D.C.’s ban on handguns and on self-defense in the home, in the case of District of Columbia v. Heller.

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.

Wisconsin: Legislators Protect Second Amendment, Adjourn Special Session

Friday, November 8, 2019

Wisconsin: Legislators Protect Second Amendment, Adjourn Special Session

On November 7th, the Wisconsin Legislature adjourned from its special session not long after it was convened. Governor Tony Evers’ latest attempt to pass gun control failed.

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.