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"NRA-Backed Case A Benchmark Win in 9th U.S. Circuit Court of Appeals"
SteveMiller:
If the Drake case is taken up by the SCOTUS it is almost imposssible that it wouldn't be overturned. NJ generally bans possession outside of a few exceptions and the only way to possess is with a permit to possess which is may issue (=no issue). So NJ is in a worse position than even the 9th circuit case which said that you can't ban open carry and concealed carry. You have to allow some sort of carry. In NJ you are violating the law if you are in possession of a gun anywhere except place of purchase, home and range or on route between exclusions. You can't even stop for gas or coffee.
Paladin4CA:
--- Quote from: SteveMiller on February 26, 2014, 01:26:27 AM ---If the Drake case is taken up by the SCOTUS it is almost imposssible that it wouldn't be overturned.
--- End quote ---
FWIW cert. was denial long ago in Drake.
I just got word that CA AG Kamala Harris was DENIED intervention in the Peruta case in the 9th Circuit. That means that there will be NO APPEALS. (Defendant Sheriff Gore of San Diego Co already told the court he would no appeal.) Already, the sheriffs of San Mateo (750k), Alameda (1.6M), Santa Clara (1.8M), and San Diego (3.2M) counties have said they'd issue CCWs with only "Good Cause" as "self-defense" once this case is finalized. That's 7.3M Californians/Americans who can now get a CCW (assuming they're otherwise qualified).
Decision is here:
http://www.scribd.com/doc/246350943/Peruta-Intervention-Denied-Order
This decision is binding upon the entire 9th Circuit and will be persuasive authority (not controlling), like Sheperd-Moore (CA7), outside of the 9th. This case has helped and now will help even more in Palmer (D.C.).
There is a slight chance of a CA9 justice calling for an en banc appeal, though....
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