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
University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

News  

Monday, September 20, 2021

University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

Long a slogan of defiance and independence, it is little wonder that the phrase “Come and take it” now finds itself falling into disfavor with a new generation of busybodies and penny-ante authoritarians. The latest ...

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

Harvard Researcher: About Half of New Gun Owners are Women

News  

Monday, September 20, 2021

Harvard Researcher: About Half of New Gun Owners are Women

In a blow to the tired stereotypes perpetuated by gun control supporters, a recent academic survey found broad diversity among recent first time gun buyers.

The State of Surveillance: California Cops and Social Media Monitoring

News  

Monday, September 20, 2021

The State of Surveillance: California Cops and Social Media Monitoring

Last year, the Brennan Center for Justice requested under California’s freedom of information law, that the Los Angeles Police Department (LAPD) provide records relating to the Department’s “social media monitoring” activities.

Virginia Attorney General Finds More Roving Gun-Free Zones

News  

Monday, September 20, 2021

Virginia Attorney General Finds More Roving Gun-Free Zones

The Virginia state government’s attacks on law-abiding gun owners continue apace. On September 1, Attorney General Mark R. Herring (D) used his position to offer an expansive interpretation of statute that will create a confusing patchwork of ...

Virginia Shocker: Crime to Get Public Health Response, Not Police

News  

Monday, September 20, 2021

Virginia Shocker: Crime to Get Public Health Response, Not Police

The Mayor of Richmond rejected a plan to reduce violence by focusing on gangs, instead prioritizing a costly “public health” approach that conflicts with the reality on the ground.

Biden Reiterates Call to Ban 9mm Handguns

News  

Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

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.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

Michigan: Committee Hearing CPL Reform Bill

Friday, September 17, 2021

Michigan: Committee Hearing CPL Reform Bill

On Tuesday, September 21st, the House Judiciary Committee is hearing House Bill 4003, to reduce the penalty for law-abiding citizens who forget to renew their Concealed Pistol License in certain instances.

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.