The 9th Circuit Court of Appeals has denied California Attorney Kamala Harris’ appeal in the landmark decision Peruta v. San Diego.
In February, the 9th Circuit Court ruled that the “good cause” provision for concealed carry holders in California was unconstitutional. A month later, California Attorney General Kamala Harris filed an appeal.
The decision reads:
The panel denied motions to intervene, which were filed after the panel’s opinion and judgment holding that a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense. The State of California and the Brady Campaign to Prevent Gun Violence moved to intervene under Federal Rule of Civil Procedure 24 after San Diego Sheriff William D. Gore declined to file a petition for rehearing en banc. The California Police Chiefs’ Association and the California Peace Officers’ Association, amici in this case, submitted a petition for rehearing en banc. Noting that amici cannot file petitions for rehearing en banc, the panel construed the petition as a motion to intervene.
The panel held that the movants did not meet the heavy burden of demonstrating imperative reasons in favor of intervention on appeal. Noting that the movants sought intervention more than four years after the case began, the panel stated that the stage of the proceedings, the length of the delay, and the reason for the delay all weighed against timeliness. In the absence of a timely motion, intervention was unavailable.
Posted on Truth About Guns, TTAG tipster breaks down the case.
Brady (“Blood in the Streets!”)- DENIED
Peruta is settled law now; there is no appeal left. If you live in CA, you may now do a victory dance and exercise your natural civil right in CA. “Self defense” must be recognized as a good cause for a carry permit. Sheriffs are going to have to start abiding by Peruta if they are not already.
The decision also means it’s now extremely likely that the Supreme Court will take up a “may issue” carry case, because the 9th is now in direct conflict with other decisions.