State News & Gun News > NRA & National Gun News

"NRA-Backed Case A Benchmark Win in 9th U.S. Circuit Court of Appeals"

<< < (2/3) > >>

Clarence:
This is similar to the Illinois case (7th I believe) whereby enbanc was denied and Illinois did not appeal.  Result was the Illinois legislature over the governors veto did adopt a sort of "shall issue" system that is just now going into effect.  

New Jersey has a similar case that was rejected by the third circuit and cert has been requested.

Maryland was initially overturned for their basically no issue policy but the district court overruled that and the Supreme Court declined cert.


At some point now, the Supreme Court will need to resolve this as we now basically have a score of 2 to 2.

Probably no immediate effect on Delaware as we are at least in practice pretty much shall issue, but a win would lock in the status quo. A loss might tempt some to try to make things even more difficult.  


I think the Idaho case vs the Corp of Engineers helps as well.  

 

SteveMiller:
I was listening to Armed American Radio via podcast (show from this past Sunday), and Alan Gottleib was on the show discussing this case and what may follow.  It was really very interesting and you may want to catch it on iTunes.  He was talking about how they planned and lined up cases like dominos to set up for an opportunity to get right to carry in front of the Supreme court.  They actually like the disagreements in the various circuit courts because it creates a need for the Supreme court to settle the disputes.  This case makes it more likely that the court will take up the NJ case where the 2nd district said the states right to decide on public safety trumped right to carry.

The key to the San Diego case is that with open carry outlawed, and concealed carry shall issue (no issue) they have effectively banned the right to bear arms.  Evan Nappen's argument for the NJ case is that possession is banned with a few exceptions like home, the range and direct travel between.  If someone is caught in possession they are guilty unless they can prove they are within the exceptions.  NJ's shall issue allows possession, but since almost everyone is turned down they have also effectively if not more banned the right to bear arms which sets up a perfect case to be found unconstitutional in the Supreme court.

This opens an interesting question around what happens next in regards to Shall issue states and state reciprocally also.

So what would happen to Delaware?  Maybe nothing since Delaware does not prohibit open carry, but if the outcome were more uniform causing DE to go officially as Shall issue would we see the addition of limitations to where carry including enforcement of signage on private business?

I think that overall the progress being made in the courts is a high priority, but I wonder what the downstream impacts will be to DE.

SturmRugerSR9:
Lower court decisions can always be appealed to the higher court, and finally the Supreme Court. It's the system we have under the US Constitution. Obama is waiting for any chance to install Left-Winger judges to stack the Supreme Court  for all foreseeable cases on gun rights issues in America. They will try to nullify the 2nd Amendment. When that's history, so will be the 1st Amendment, and America is done as a free nation.

Clarence:
I suspect Delaware would be unaffected as well.  I only know of one case where someone was denied and it was a person who should not be carrying a gun.  ( in my opinion)

Paladin4CA:
Brief update: Sheriff Gore, who lost this appeal, said last Friday he would not seek an en banc review of the decision by the 9th Circuit. He did not specifically say he would not try to appeal it to SCOTUS. So....

An active judge on the 9th Circuit, but who was not on the 3 judge panel involved in this decision, can call on all of the active judges to vote on whether to take Peruta en banc. A majority is required for that to happen. Odds are, if a judge does that, he will not get a majority to support him. Deadline for a judge to call for a vote is March 6th -- soon.

Odds are Gore will not try to appeal to SCOTUS either. Deadline for that is May 16th.

The fate of Hawaii also hangs in the balance with this case. They're the only other non-Shall Issue state in the 9th Circuit.

The main thing for all of us to realize is that this is NOT being appealed by the antis because they are willing to "sacrifice" both CA and HI in order to keep SCOTUS from ruling that we have a RKBA in public. You must see the amount of hate they have for us and our RKBA by what they're willing to give up to keep stop the Supreme Court from setting a "right to bear arms" precedent.

Hopefully, SCOTUS will grant cert. in the Drake case (from the 3rd Circuit (NJ)), in late April.

Navigation

[0] Message Index

[#] Next page

[*] Previous page