Immediately after the the historic Ninth Circuit ruling that the second amendment right to bear arms extended outside of the home, it was reported that an appeal to an en banc panel of all 11 justices might be in the works. Securityinfowatch.com quotes Bob Egelko of the San Francisco Chronicle as reporting, “James Chapin, the San Diego deputy county counsel who defended the permit system, said the county will ask the full appeals court for a rehearing before an 11-judge panel.” It appears that Mr. Egelko either misunderstood Mr. Chapin, or that Mr. Chapin changed his mind . . .
The LA Times reported that:
Officials in San Diego County said they may seek a rehearing before a larger 9th Circuit panel,
A press release from the 14th of February says that the Sheriff’s office is “reviewing and studying the decision” which is consistent with the LA Times version of events. This seems prudent, considering that Sheriff Gore is up for election this year, in a relatively conservative county.
Noted lawyer and second amendment legal guru David Hardy wrote that an en banc appeal can be asked for by any justice on the Ninth Circuit. There are currently 27 justices on the Ninth Circuit, the largest in the nation. No appeal to the Ninth Circuit decision is yet shown on the guncasetracker site of michellawyers.com, the firm who handled the appeal that resulted in the Ninth Circuit ruling in favor of the right to bear arms outside the home.
Rob Morse at slowfacts.wordpress.com writes that Sheriff Gore told him that he wanted to issue CCW licenses:
He said he wanted to issue licenses so citizens could carry a concealed weapon in public. He really wanted to. That is what he told me. He said, sadly, that California law prevented him from granting those licenses.
There is no doubt that Sheriff Gore can issue licenses if the Ninth Circuit ruling is not appealed. In fact, there was little if any doubt before the Ninth Circuit ruling. James Chapin, the deputy counsel who works for San Diego County and, presumably, Sheriff Gore, will certainly consult with his clients before they make a decision to appeal or not to appeal. Attorneys are hired guns, to use a well worn but appropriate metaphor. They are to do what their clients wish, not the other way around.
I suspect that some Justice on the Ninth Circuit will alleviate the potential embarrassment of Sheriff Gore by requesting an appeal for an en banc panel.
It hasn’t happened yet. The justices of the Ninth Circuit have until the 6th of March to do so.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Gun Watch
This was bound to happen sooner or later. The animals have had a free reign for far too long and the bad on gun ownership only accelerated the problem.
Google Michigan Technical University metal 3d printer. Soon you’ll be able to print metal parts at home. And then print a printer! TTAG should do write up on it.
Is the decision even up to the Sheriff? Who is bankrolling the appeal?
This was a really tight opinion. No good options for San Diego – if they go en banc and get the ruling overturned, then SCOTUS overturns that (and the CA9th is the most overturned). checkmate. If they do not appeal, oh no Kalifornians with guns! In the streets!
My personal bet is that they do not appeal and find some other way to weasel out of it, which would subject them to another lawsuit, but delay delay delay.
“God-given or natural,”
S/B ‘God-given, or natural.’ They’re one and the same, just as God’s Will is Free Will.
He’s in the doghouse now!
Geez what a copout.
$10 says the court this gets taken to will find a way to uphold it. The ruling will start like this: “We agree that non-electronic guns are weapons in common use, but…”
I don’t think these gun banner people have thought things through.
How many of us who have done and will do no harm to any innocent person will they have to put in jail using their arbitrarily criminalizing laws before their “gun control” is indistinguishable from taking political prisoners? How many of us who have done and will do no harm to any innocent person will they be able to stack up using their outsourced-violence-makers (police) before their “gun control” is indistinguishable from a crime against humanity?
So I just want to shed light on the person who said that all “models” choose to not improve their human minds. I am a promotional model (the red head above) and I work very hard to stay in shape and look good for these shows. I never degrade my self to wearing something I would not feel comfortable in around my parents, brothers, boyfriend, and friends. I am a strong believer in the Christian word and follow my beliefs. Therefor, at events, I do not dress slutty, act slutty, act dumb, or in any way come off as something I am not. You live in the United States where we (those who do not try to live in the early 1900’s) have evolved to realize that not all women who are pretty are dumb. I get paid a lot of money to dress nice, sit on a bike/hold a gun, and smile for pictures. It is honestly the best job I have ever had. I am constantly meeting new people and have learned to market my self and believe in my self more than most people I know. I by no means am a BIMBO and I exercise my brain on a constant basis. I am a law student with a 3.75 GPA that volunteers constantly and is always lending a helping hand to those in need. Girls can be hot, smart, and nice. Surprising Right? I do my job because I enjoy meeting new people and learning a very important skill in life. Which is marketing my self while learning to interact with any type of person. For my future career I feel this skill would be very important, therefore in my job I am not only exercising my brain but also improving my self! Please do not generalize all models and begin to learn that women who are hot can think for themselves. Also, guys who are against us, we do what we do for many reasons and they do not involve looking hot and making you think we like you. I love taking pictures and making memories with a multitude of pictures. Do you know how many men and women I have been able to make smile just by interacting with them and treating them like an important human being for a minute? I truly find about every person I meet fascinating in some form. Of course at every event I do have one guy or girl who goes over board with their emotions, but not all are rejected. If you are a creep trying to hit on us, we most likely do not want to talk to you. But if you are a friendly guy/woman who wants to have a conversation, I personally, love interacting with you. It is through meeting new people and learning different aspects of life that you grow. I do not fake liking you and I do not sell my self for you to like me. I am a promotional model that is fully clothed and representing a certain product. I am neither a stripper nor a prostitute; so do not regard me as one. Oh, and for you all who do not think we know what we represent. I personally love hunting and shooting in general. I may not be a perfect marksman, but I do enjoy the out doors, four wheelers, dirt bikes, guns, make up, and nail polish. Please, do not judge me if you do not know me, I tend to be completely different then what you assume. Thank you to all for the nice comments and I hope to see you at a new convention soon.
Democrats didn’t want their names associated with the bill’s defeat? What is it about politicians (on both sides) that these parasites never evolved a spine?
Typical statist. Good luck amending the 2nd amendment. If you hate this nation so much, move to Europe (or North Korea).
Too bad for him the biggest most well-regulated militia in the the world wouldn’t stand for it.
Dear Mr. Former Justice Stevens –
You are no longer a part of the Bench. Please STFU and enjoy your retirement.
Thank you
America