Sua Sponte Process for En Banc in Peruta ( 2A Ninth Circuit Carry Outside the Home)

The chart above is said to have been produced by michellawyers.com.  This is a screen shot of the pdf file.   I appreciate the work that went into producing this chart, especially as the timing is subject to change "for good cause" by the En Banc Coordinator at every step of the process.    I do not know if Judge Sidney Runyan Thomas is still the En Banc Coordinator.  The chart is said to have been produced in 2010, four years ago.

Now that a Judge in the Ninth Circuit has called for the an En Banc review, sua sponte, this is the process that will be followed.  The approximate time frames are these:

1.  A minimum of 21 days for parties to file briefs.

2.  A minimum of 21 days for Judges to circulate memorandum and consider the briefs.

3.  A minimum of 14 days for all the judges to vote.  A majority must vote in favor to call an En Banc review.   Absence of a vote counts as a no vote.

The orders for response and briefs are dated 3 December, so the earliest that we will know if an En Banc review will be held is the 28th of January.  My experience is that it is rare that times are compressed, but they are often extended in judicial proceedings.

If the Ninth Circuit refuses to hear Peruta en banc, then it is highly unlikely that anything short of an appeal to the Supreme Court will overturn the decision.

Here is a brief summation of the importance of Peruta for second amendment rights.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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