9th Circuit Court decision regarding California May Issue

[gunsmith]

Yesterday, the SA County sheriff announced that he would not be appealing the decision and asking for the entire Ninth Circuit (en banc) court to take up the case.  Other parties, such as the state of California, may do so, however.

UM, are you sure?? It sure looks like they're celebrating on calguns.
http://www.calguns.net/calgunforum/showthread.php?t=897109

I'm praying I will be able to legally carry in CA soon.

[Matthew Carberry]

Yesterday, the SA County sheriff announced that he would not be appealing the decision and asking for the entire Ninth Circuit (en banc) court to take up the case.  Other parties, such as the state of California, may do so, however.

Per David Kopel (at Volokh) and other legal commentators the State has no standing as they were not a respondant. The only possibility is a 9th Circuit judge calling for a vote of the Circuit to take it up.

[gunsmith]

my understanding is San Diego has about a month from the day they announced that they ( knew they would lose )
I mean that the 9th overturned the unconstitutional restrictions on ccw - will be when the whole state goes shall issue.

My understanding is that SD is being told not to appeal to en banc, that the 9th is unlikely to either grant en banc or ask for it them selves and that the anti gun nuts in power recognize that they would lose with the current make up of SCOTUS - THEREBY the whole of the USA would become shall issue.
They are not giving up, they are biding their time and not cutting off their nose to spite their face, accepting that CA will be shall issue until they can get their minions into  SCOTUS  then turning it around.

[gunsmith]

March 6 is the date that they have to announce whether it will be en banc.

Default "Sua Sponte"
That is fancy lawyer talk for saying the Ninth Circuit itself can decide to rehear the case en banc, regardless of whether Sheriff Gore asks for review. The Court's deadline to make that decision is March 6. We will keep everyone posted as things are learned. Also keep an eye out for an FAQ our office will be releasing shortly about what the decision means legally and practically.

In rereading my post I should have been more clear, any judge has until March 6 to petition en banc review. My post made it sounds like the Court would make a decision by that date. But, we should at least know something about the future of this case by that date.
__________________

my friends, it really is beginning to look like hell has frozen over.

[Tallpine]

This keeps up and pretty soon people will be able to attend church or write a letter to the editor without first getting a permit.

[Matthew Carberry]

The problem they are now facing is that just 14% of the US population now lives in 8 7 "may-issue" states. With about half that pop actually within DC, Baltimore, Boston, and NYC. Their constituency is regional and isolated.

Further, "states" isn't really an accurate measure as Connecticutt and most of the the counties of Mass and NYS are "will-issue" in practice.

Their only significant state with "no-issue" is NJ. Even Delaware issues.

That CCW map showing the states changing color? We really need one breaking out "Will" and "Won't" issue counties in the hold-out may-issue states. Make it clear how geographically irrelevent they are.

[gunsmith]

The problem they are now facing is that just 14% of the US population now lives in 8 7 "may-issue" states. With about half that pop actually within DC, Baltimore, Boston, and NYC. Their constituency is regional and isolated.

Further, "states" isn't really an accurate measure as Connecticutt and most of the the counties of Mass and NYS are "will-issue" in practice.

Their only significant state with "no-issue" is NJ. Even Delaware issues.

That CCW map showing the states changing color? We really need one breaking out "Will" and "Won't" issue counties in the hold-out may-issue states. Make it clear how geographically irrelevent they are.

I like that idea!!

Man, I am in a good mood today, I may even consider moving back to California!

[lee n. field]

The problem they are now facing is that just 14% of the US population now lives in 8 7 "may-issue" states. With about half that pop actually within DC, Baltimore, Boston, and NYC. Their constituency is regional and isolated.

Further, "states" isn't really an accurate measure as Connecticutt and most of the the counties of Mass and NYS are "will-issue" in practice.

Their only significant state with "no-issue" is NJ. Even Delaware issues.

Hawaii.  And IL until recently.

That CCW map showing the states changing color? We really need one breaking out "Will" and "Won't" issue counties in the hold-out may-issue states. Make it clear how geographically irrelevent they are.

Similar to the "red state/blue state" resolved into counties.  Except that the blue gets its way.

[Matthew Carberry]

Hawaii.  And IL until recently.
Similar to the "red state/blue state" resolved into counties.  Except that the blue gets its way.

Illinois is done, I'm talking from here forward.  Likewise, Hawaii is in the 9th and this ruling is precedent for Baker, which was heard at the same time.

The anti's will pout but all that're left are those little states on the Atlantic: and in Conn, and most of Western Mass and upstate NY, and odd counties in MD and DE, are will issue. The antis are losing on carry and carry is the key to removing every other gun restriction.

[Perd Hapley]

The antis are losing on carry and carry is the key to removing every other gun restriction.

Why do you say that? Is it because it normalizes guns in everyday life? Because predictions of Wild West shoot-outs are always shown to be nonsense?

[Matthew Carberry]

Why do you say that? Is it because it normalizes guns in everyday life? Because predictions of Wild West shoot-outs are always shown to be nonsense?

That, and once someone goes to the trouble of getting a permit they will vote to keep it and won't easily tolerate new restrictions on it like fee increases, prohibited places, and mag bans. Their personal experience also serves to innoculate them against all other anti-gun claims of the anti's as they have personal knowledge that the anti's lie and demonize.

[Perd Hapley]

Hmmmm.

Poor anti's. 

[MillCreek]

http://www.chicagotribune.com/news/sns-rt-us-usa-guns-california-20140227,0,4591093.story

California's AG asks for an en banc hearing to overturn the decision.

[Matthew Carberry]

Does she have legal standing to make that happen, or is it essentially like any other non-party to the decision asking?

[TechMan]

I read somewhere else that all sorts of antis are coming out asking for an en banc hearing, including the Brady Campaign.

[AmbulanceDriver]

I read somewhere else that all sorts of antis are coming out asking for an en banc hearing, including the Brady Campaign.

You know, I suppose they have to be thinking a couple of things.....   One, 9th circuit will reverse itself on the re-hearing.  Dunno how likely that is, I would think the circuit courts don't normally reverse themselves.   Two, if the circuit court reverses, that one of three things will happen.  Either the 2A folks won't appeal to the USSC (Not likely), or the USSC will refuse to hear the case (as they have in a couple of other recent gun law cases), or the USSC will uphold the 9th circuits reversal.  Which after Heller and McDonald, I wouldn't be holding my breath on.

Should be interesting....

[gunsmith]

so it seems as if the 9th has put the decision "on hold" until they decide if the CA attny general can ask for an en banc....so far I have no idea how long "on hold" is.

[Ben]

Interestingly, I read this morning that she was asked to join San Diego County when they started this whole thing, but she said no. Guess she thought the cat was in the bag and not worth her time between this being CA and them being the 9th. She thought wrong. :)

[charby]

I never heard of any real issues until just a few years ago, and I've spent huge amounts of time living and working in the NF.

But now I'm not sure that I even want to go camping on NF again ...     

There was an incident in MT with a local couple and their kids.  Woman in unmarked pickup and coat covering uniform tries to search and then arrest/kidnap the wife who was sitting in a pickup alongside the road.  Husband comes back from hunting about then.  I would have killed her.  I still haven't heard how the case worked out in the end.

Got a citation?

[Tallpine]

Got a citation?

Looks like they pled out to a misdemeanor:
http://billingsgazette.com/news/state-and-regional/montana/roundup-couple-admit-to-misdemeanors-in-confrontation-with-forest-service/article_c48fb156-397a-5143-925a-723b3f1a0689.html

Of course I have no idea what actually happened, but according to their earlier accounts there was no indication the person was an officer of any kind.  Apparently it is now some sort of probably cause to park your vehicle on a FS road  

More of the original story:
http://undercoverlawyer.com/forums/showthread.php?5627-Outrage-in-Roundup-Mother-of-Twins-Sexually-Assaulted-by-Montana-Forest-Service

[Perd Hapley]

The 9th circuit again rules in favor of the second amendment:

http://us2.campaign-archive1.com/?u=812c9186a81db6434329bda16&id=13008abab4&e=90c1c89906

[Tallpine]

Just don't conceal your gun under a shirt with a flag on it 

[Triphammer]

More of the original story:
http://undercoverlawyer.com/forums/showthread.php?5627-Outrage-in-Roundup-Mother-of-Twins-Sexually-Assaulted-by-Montana-Forest-Service

 How is the trooper(?) still alive. Husband saw wife bent over the tailgate by unknown male  from +/_ a hundred yards. Husband is armed w/ a rifle. Unless there's an obvious Heimlich being administered, Who wastes the time to close the yardage on a possibly (evidently) armed assailant?

[cassandra and sara's daddy]

Looks like they pled out to a misdemeanor:
http://billingsgazette.com/news/state-and-regional/montana/roundup-couple-admit-to-misdemeanors-in-confrontation-with-forest-service/article_c48fb156-397a-5143-925a-723b3f1a0689.html

Of course I have no idea what actually happened, but according to their earlier accounts there was no indication the person was an officer of any kind.  Apparently it is now some sort of probably cause to park your vehicle on a FS road  

More of the original story:
http://undercoverlawyer.com/forums/showthread.php?5627-Outrage-in-Roundup-Mother-of-Twins-Sexually-Assaulted-by-Montana-Forest-Service

Two versions differ a bit. I bet the other cops were all out of line too? They always picked on this poor couple?

Sent from my SAMSUNG-SGH-I537 using Tapatalk

[Tallpine]

How is the trooper(?) still alive. Husband saw wife bent over the tailgate by unknown male  from +/_ a hundred yards. Husband is armed w/ a rifle. Unless there's an obvious Heimlich being administered, Who wastes the time to close the yardage on a possibly (evidently) armed assailant?

That would have been my reaction.  Guy was a FS ninja with no apparent uniform.  This was way the hell up in the mountains.

Two versions differ a bit. I bet the other cops were all out of line too? They always picked on this poor couple?

The other cops were not there until later.  So who do you think they believe?  Funny the feds let them plead out to a misdemeanor