California: The Battle for Shall Issue is On!
Thursday, March 26, 2015
Federal Appeals Court will Re-Consider NRA Victory in
California Right to Carry Case, Peruta v. San
Diego
Litigation Update
On March 26, 2015, the Ninth Circuit Court of Appeals ordered that Peruta v. San Diego
will be re-heard by an eleven-judge “en banc” panel. In February 2014,
the NRA and CRPA sponsored Peruta case resulted in a monumental ruling
by a three-judge panel of the Ninth Circuit. That decision held that the San
Diego County Sheriff’s policy of refusing to issue licenses to carry firearms
in public unless an applicant could demonstrate a special need was an
unconstitutional violation of the Second Amendment.
After Attorney General Kamala Harris and
the gun ban lobby learned that Sheriff Gore had decided not to appeal the case
further (even though he refused to change his policy), the Attorney General and several anti-gun groups filed requests to
join the litigation and continue litigating the appeal as parties to the case.
The three-judge panel denied each of the
intervention requests. In December 2014, the Attorney General and the
anti-gun-rights groups filed requests for en banc review of the decision
to deny them entry into the case.
Also in December 2014, at least one Ninth Circuit judge made
a “sua sponte” (or on the Court's own accord) request for all
Ninth Circuit judges to vote on whether the Peruta case itself should be
reheard en banc, regardless of whether the Attorney General would be
allowed to join the case.
Today, the Court issued an order
confirming that a majority of Ninth Circuit judges voted to rehear Peruta
en banc. The Court has set oral arguments
for June 15, 2015. The Court also ordered that the
related case of Richards v. Prieto,
which was decided under the reasoning outlined in Peruta, will be heard
along with the Peruta case on June 15.
No matter what happens as a result of the rehearing en
banc, either side will almost certainly petition a loss to the U.S. Supreme
Court.
For those who are interested in learning more about this
critical Second Amendment case, NRA News has
produced an outstanding video
and the America’s First Freedom
magazine published an enlightening article
about the case.
A Court Battle Already Paying Dividends
The most common method used nationally by states and
localities to selectively deny a person their Second Amendment right to carry a
firearm for self-defense is to create a subjective licensing prerequisite.
Requiring a demonstration of “good cause” or its equivalent before a license
will be issued is such a method, because if you have to show “good cause,” then
you must prove a special “need” to carry a firearm. This creates a subjective
system prone to political cronyism and corruption, which is the way
California’s “good cause” system has been working for years. Reform is long
overdue.
As a result of the 3-judge panel’s decision in Peruta,
several California
counties that had policies similar to San Diego’s have changed those policies
from a restrictive “good cause” standard that few could meet, to one that
accepts general self-defense as “good cause,” which most anyone can meet.
Orange and Ventura counties are among the California jurisdictions that have
changed their ways since the Peruta decision was issued. Previously,
applicants had to show proof of specific threats, such as a police report or a
protective order, to prove they were in immediate danger before they could get
a license. Since the Peruta decision, these counties have generally been
accepting self-defense as “good-cause” for obtaining a license.
If the Peruta decision is upheld by the en banc
panel, all of the states and territories in the Ninth Circuit would also have
to review their license issuance policies, and revise them to conform to the Peruta
decision. The Ninth Circuit includes Alaska and Arizona (“constitutional carry”
states), Idaho, Montana, Nevada, Oregon and Washington (“shall issue” states).
It also includes Guam, which has already changed its policy in light of Peruta.
And it includes California and Hawaii, the outliers.
We need to hold onto the victory in Peruta so that
these policies go into effect throughout California and the entire Ninth
Circuit! But the Peruta decision’s persuasive influence is not limited
to the Ninth Circuit territories and states. Recently, in the case ofPalmer v. District of Columbia,
a federal court relied heavily on the Peruta decision as precedent for
its opinion striking
down D.C.’s total ban on the public carrying of firearms. Significantly, the
ban at issue in Palmer was more extreme than the California policy
challenged in the Peruta case.
Nevertheless, the Palmer court cited to Peruta
extensively, suggesting that the D.C. court is warning D.C. lawmakers that they
should not adopt a California style “good cause” licensing scheme, because it
will face the same fate as the one struck down in Peruta. Without the Peruta
opinion as precedent, it is doubtful that the D.C. court would have gone so
far.
The Next Fight Looms
If the eleven-judge en banc panel of the Ninth
Circuit reverses the three-judge panel’s decision, Mr. Peruta and the other
plaintiffs will appeal to the Supreme Court, with continued support from the
NRA, CRPA, and their legal teams. And, although the Supreme Court’s ruling in Heller
ruling didn’t need to address the specific issues of carrying outside the home,
much less “good cause” for a license to do so, victory at the Supreme Court is
possible given observations about bearing arms in the Court’s Heller
decision, and the difficulty the Court would have in affirming the existence of
one half of a fundamental right (to keep arms) but not the other (to bear
arms).
If the en banc court affirms the decision that
requiring a special need to carry a firearm is an unconstitutional restriction,
the anti-gun forces have the option of appealing to the Supreme Court, which is
likely.
Supreme Court Bound?
The Peruta case presents an opportunity for the
Supreme Court to settle some Second Amendment issues that desperately need
resolving. The Seventh Circuit Court of Appeals has agreed with the principles,
though not the specific details, of the Peruta ruling in another
NRA-supported case of Shepard v. Madigan and
the related case of Moore v. Madigan. In these cases challenging
Illinois’ ban on bearing arms in public, the Seventh Circuit Court held that
prohibiting any form of carrying arms in public was unconstitutional. Rather
than risk having the ruling confirmed by the Supreme Court, Illinois did not
seek Supreme Court review. Meanwhile, three other circuit courts have gone the
opposite direction and held that there is effectively no right to bear arms
outside the home: Kachalsky v. Cacace in the Second Circuit (New York), Drake
v. Filko in the Third Circuit (New Jersey) and Woollard v. Gallagher
in the Fourth Circuit (Maryland). The Supreme Court was asked to review each of
those cases, but declined to do so. With this split of opinions among the
federal Circuit Courts, the U.S. Supreme Court could take the Peruta
case to resolve these critical Second Amendment issues.
Gun Banners Seek Poster Child
Gun owners and carry license holders should be acutely aware
that their conduct could be mischaracterized and used to influence the
licensing process in California for years to come. The gun ban lobby is waiting
and hoping for a license holder to do something that they can spin, politicize,
and use to fight against a constitutional shall-issue regime in California.
Several years ago in Los Angeles County, an unfortunate incident involving
a license holder caused Los Angeles County Sheriff Baca to stop
issuing the few licenses that he was issuing at the time. Be careful not to
take any action that could be used for the gun ban lobby’s anti-gun-owner PR
efforts!
Help Us Help You
Please help us fight for your right to choose to own a gun
for sport, or to defend yourself and your family. CRPA and theNRA work together in California to fight for you in
Sacramento, in cities and counties across the state, in regulatory agencies,
and in the courts. Even with the generous rates that our team of civil rights
attorneys, legislative advocates, experts and consultants grant us, these
ongoing efforts are still expensive. You can support our pro-Second Amendment
efforts in California by donating to the California Rifle & Pistol Association Foundation
(CRPAF). CRPAF is a 501(c)(3), so contributions to
CRPAF are tax-deductible. Or donate to theNRA Legal Action Project.
All donations will be spent to specifically benefit California gun owners.
Please help us fight for your right to choose to own a
gun for sport, or to defend yourself and your family. CRPA and theNRA work together
in California to fight for you in Sacramento, in cities and counties across the
state, in regulatory agencies, and in the courts. Even with the generous rates
that our team of civil rights attorneys, legislative advocates, experts and
consultants grant us, these ongoing efforts are still expensive. You can
support our pro-Second Amendment efforts in California by donating to the California Rifle & Pistol Association Foundation
(CRPAF). CRPAF is a 501(c)(3), so contributions to
CRPAF are tax-deductible. Or donate to theNRA Legal Action Project.
All donations will be spent to specifically benefit California gun owners.
Second Amendment supporters should be careful about
supporting litigation or other efforts promised by other individuals and groups
that lack the experience, resources, skill, or legal talent to be successful.
The NRA and CRPA national team of highly regarded civil rights attorneys,
legislative advocates, and scholars has the experience, resources, skill and
expertise needed to maximize the potential for victory in California’s often
hostile political environments.
For a summary of some of the many actions the NRA and CRPA
has taken on behalf of California gun owners, including the Peruta case,
click here.
Kamala Harris
Kamala D. Harris
is the attorney general for the California
state government, was the national co-chair for the national co-chair for
the 2012 Barack Obama presidential
campaign, and the district attorney for San Francisco (CA).
Note:
Gavin Newsom is
the lieutenant governor for the California
state government, was the San
Francisco (CA) mayor, and invited to George
Soros’s 2013 wedding reception.
Jerry Brown is the California state government governor,
and Kathleen L. Brown’s brother.
Kathleen L. Brown
was the California state government treasurer,
is Jerry Brown’s sister, a member of
the Commercial Club of Chicago.
R. Eden Martin is
the president of the Commercial Club of
Chicago, and counsel at Sidley
Austin LLP.
Virginia A. Seitz
was a partner at Sidley Austin LLP, the
assistant attorney general for the U.S.
Department of Justice, and is the assistant
attorney general for the Office of Legal
Counsel.
Jay S. Bybee was
the assistant attorney general for the Office
of Legal Counsel, an attorney for the U.S.
Department of Justice, and is a judge for the U.S. Court of Appeals for the 9th Circuit.
Eric H. Holder Jr.
is the attorney general at the U.S.
Department of Justice for the Barack
Obama administration, and was a board member for the American Constitution Society.
Robert Raben was
an assistant attorney general for the U.S.
Department of Justice, a director at the American Constitution Society, and is the president of the Raben Group.
Open
Society Foundations was a funder for the American Constitution Society.
George Soros is the
founder & chairman for the Open
Society Foundations, was married in
2013, a supporter for the Center for
American Progress, a benefactor for the Harlem Children's Zone, the chairman for the Foundation to Promote Open Society.
Foundation
to Promote Open Society was a funder for the Center for American Progress, Harlem
Children's Zone, the Brookings
Institution (think tank), and the People
for the American Way.
Dawn E. Johnsen
is a director at the American
Constitution Society, and was a director nominee, acting assistant attorney
general at the Office of Legal Counsel
for the Barack Obama administration.
Office of
Legal Counsel is a division of the U.S.
Department of Justice.
Mario M. Cuomo was
board of adviser’s member for the American
Constitution Society, and Maria
Cuomo Cole’s father.
Maria Cuomo Cole
is Mario M. Cuomo’s daughter, and a
trustee at the Brady Center to Prevent
Gun Violence.
Faith Elizabeth
Gay is a board of adviser’s member for the American Constitution Society, and was an attorney at Sidley Austin LLP.
Barack Obama was an
intern at Sidley Austin LLP, the candidate
for the 2012 Barack Obama presidential
campaign, and is Melody C. Barnes’s
golf partner.
Melody C. Barnes
is Barack Obama’s golf partner, was
the domestic policy council, director for the Barack Obama administration, the EVP for the Center for American Progress, and a principal for the Raben Group.
Raben Group is
the lobby firm for Mayors Against
Illegal Guns, and was the lobby firm for the People for the American Way.
Michael R.
Bloomberg is a co-chair for Mayors
Against Illegal Guns, the founder of Everytown
for Gun Safety, and was a benefactor for the Harlem Children's Zone.
John J. Mack is an
advisory board member for Everytown for
Gun Safety, and was a benefactor for the Harlem Children's Zone.
David B. Barlow
is the U.S. attorney for the District of Utah for the U.S. Department of Justice, and was a partner at Sidley Austin LLP.
Michelle Obama
was a lawyer at Sidley Austin LLP.
Newton N. Minow
is a senior counsel at Sidley Austin LLP,
and a member of the Commercial Club of
Chicago.
Cyrus F.
Freidheim Jr. is a member of the Commercial
Club of Chicago, and an honorary trustee at the Brookings Institution (think tank).
Richard C. Blum
is an honorary trustee at the Brookings
Institution (think tank), a regent at the University
of California, and married to Senator Dianne
Feinstein.
Joanne Corday
Kozberg was a regent at the University
of California, and the secretary of state for the California state government.
Dianne
Feinstein is married to Richard C.
Blum, a U.S. Senate senator, and
the San Francisco (CA) mayor.
Kamala D. Harris
was the district attorney for San
Francisco (CA), the national co-chair for the 2012 Barack Obama presidential campaign, and is the attorney
general for the California state
government.
Gavin
Newsom is the lieutenant governor for the California state government, was the San Francisco (CA) mayor, and invited to George Soros’s 2013 wedding reception.
Jerry
Brown is the California state
government governor, and Kathleen L.
Brown’s brother.
Kathleen L. Brown
was the California state government
treasurer, is Jerry Brown’s sister,
a member of the Commercial Club of
Chicago.
Commercial Club of
Chicago, Members Directory A-Z (Past Research)
Tuesday, December 17, 2013
Valerie B. Jarrett
is a member of the Commercial Club of
Chicago, the senior adviser for the Barack
Obama administration, and was a director at the Joyce Foundation.
Joyce Foundation
was a funder for the Brady Center to
Prevent Gun Violence, and the Bloomberg
Philanthropies.
Bloomberg
Philanthropies is an umbrella organization for the Bloomberg Family Foundation.
Michael R.
Bloomberg is the founder of the Bloomberg
Family Foundation, a co-chair for Mayors
Against Illegal Guns, the founder of Everytown
for Gun Safety, and was a benefactor for the Harlem Children's Zone.
Sam
Nunn is a director at the Bloomberg
Family Foundation, and interviewed in the Nuclear Tipping Point.
George
P. Shultz was interviewed in the Nuclear
Tipping Point, and is married to Charlotte
Mailliard Shultz.
Charlotte
Mailliard Shultz is married to George
P. Shultz, a Commonwealth Club of
California governor, and the chief protocol officer for San Francisco (CA).
James
C. Hormel is a Commonwealth Club of
California governor, and the People
for the American Way.
Raben
Group was the lobby firm for the People
for the American Way, and is the lobby firm for Mayors Against Illegal Guns.
Norman
Lear is a director at the People for
the American Way, and made the National
Rifle Association enemies list listed in 2013.
Alec
Baldwin is a director at the People
for the American Way, and made the National
Rifle Association enemies list listed in 2013.
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