Friday, December 05, 2014

Judge on Ninth Circuit calls for vote on en banc review of Peruta

In the ongoing saga of Peruta v. County of San Diego, another procedural turn; a judge on the Ninth Circuit has called for a vote to determine if the Circuit will hear the case en banc.   This is a call for a vote to review the original decision, not to hear the appeal of the denial of the request to intervene by Attorney General Kamala Harris of California.  Here is the Order, from the pdf:
Before: O’SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.

A judge of this Court having made a sua sponte call for a vote on whether this case should be reheard en banc, the parties shall file, within 21 days from the date of this order, simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc. See G.O. 5.4(c)(3). Amici curiae wishing to file briefs regarding whether this case should be reheard en banc may also do so within 21 days from the date of this order.
It is unknown how soon the vote on whether to hear the case en banc will occur after the briefs are received.

Peruta is the case in the Ninth Circuit that agreed that the second amendment protects a right to be armed outside the home, and that the government may not ban both open and concealed carry of arms.  Peruta has already had far reaching consequences, being cited in cases involving Hawaii, the District of Columbia, the Army Corps of Engineers, the Northern Mariana Islands, and sparked legislation in Guam.

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

No comments: