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Showing posts with label 9th Circuit Court of Appeals. Show all posts
Showing posts with label 9th Circuit Court of Appeals. Show all posts

Thursday, November 13, 2014

California AG Can't Intervene on Behalf of San Diego in Peruta Case

The LA Times has the story here.  You may recall that the sheriff in the Peruta case decided not to challenge the decision of the Ninth Circuit so the state Attorney General and the Brady Campaign requested the right to intervene in the case.  Yesterday, the court said no.  The Times notes it may not be the last word however:
Harris refused Wednesday to say what she will do. Gun advocates have only mildly opposed Harris' intervention. They believe the Peruta case is the best vehicle to persuade the Supreme Court to strike down restrictive open carry regulations throughout the country, and an appeal would move the case closer to the Supreme Court.

It has been thought that Peruta may be the best case on state issue of concealed carry permits for a hearing before the U.S. Supreme Court.  If Peruta ends here, there is still another case involving Yolo County that could be heard en banc by the 9th Circuit.  But for now, this is good news for California gun owners.  Bob Owens over on Bearingarms.com estimates that an additional 2 million people in California may apply to carry concealed if yesterday's decision ends up being the last word in the Peruta case.

Monday, August 26, 2013

Firearms Freedom Act Turned Back in 9th Circuit

No real surprise here. The 9th Circuit has ruled against a Montana law that attempted to declare federal firearms regulations don't apply to firearms made and kept in that state. 

A similar bill was introduced during the 2013 Session of the General Assembly by Delegate Bob Marshall.  House Bill 2340, if passed and signed by the Governor, would have prevented any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or Executive Order or regulation issued, after December 31, 2012, infringing the individual  right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.  The bill was reported by the House Militia, Police and Public Safety Committee and made it to the full House, but was rereferred to House Appropriations where it died.  It likely would not have made out out the the State Senate had it passed the House anyway.

While passing such legislation may make us feel good about poking our proverbial finger in the eye of the federal government, these measures are nothing more than feel good bills, symbolic at most.  Gun owners should concentrate on things that do matter, like working to elect candidates that won't pass laws that infringe on our rights.  We have such a chance to do just that in this year's statewide elections.