Peruta Case Appealed To Ninth Circuit Court Of Appeals

On Tuesday, the attorneys for Edward Peruta, the California Rifle and Pistol Association, and the other plaintiffs in the case suing the County of San Diego and Sheriff William Gore over the “good cause” requirement filed an appeal of the case to the Ninth Circuit Court of Appeals.

NOTICE IS HEREBY GIVEN that Edward Peruta, Michelle Laxson, James Dodd, Leslie Buncher, Mark Cleary, and California Rifle and Pistol Association Foundation, Plaintiffs in the abovenamed case, hereby appeal to the United States Court of Appeals for the Ninth Circuit from the final judgment of the district court, entered in this case on December 10, 2010 (attached hereto as Exhibit “A”); the district court’s order denying Plaintiffs’ Motion for Partial Summary Judgment and granting Defendant’s Motion for Summary Judgment, also entered on December 10, 2010 (attached hereto as Exhibit “B”), and all interlocutory orders that gave rise to the district court’s judgment. Date: December 14, 2010

Unfortunately, nothing about the appeal is showing up yet in the Pacer System for the Ninth Circuit. The above is from the District Court.

As many have commented elsewhere, the Ninth Circuit is one of those weird circuits where you can get a great three judge panel or a horrible three judge panel. Given the very size of the circuit, the nation’s largest, you could have a judge from Alaska, Montana, and Arizona on the three judge panel or you could get two from San Francisco and one from Hawaii. Moreover, with 47 judges on the Appeals Court whose appointment ranges from JFK to George W. Bush, you have a wide variety of judges.

It will be interesting to see what happens with this case. Even a loss here if coupled with a win in another circuits would not be all bad. There are a number of cases contesting carry regulations in other circuits such as Kachalsky in the 2nd, Woollard in the 4th, and D’Cruz in the 5th. Diversity of opinions between the circuits would make it more likely that the Supreme Court would grant certiorari to at least one of the carry cases.


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