As noted by Eugene Volokh, there are two other cases dealing with “may issue” moving through the 9th Circuit: Baker v. Kealoha, challenging a similarly restrictive gun licensing regime in Hawaii, and Richards v. Prieto, which does the same for Yolo County in California.
In both of those cases the rulings were favorable to the parties challenging the restrictive licensing. In those cases, however, the losing defendants have sought en banc rehearing of those decisions, a request still under consideration.
So, we’re not done with the 9th Circuit on “may issue” quite yet, folks.
via Peruta | Second Amendment | “May Issue” | 9th Circuit.
I wanted Andrew’s take on this issue since he is a wee bit better versed than most of us. Basically, we ain’t done fighting yet, much less won it.
Thanks for posting Miguel, I left a question on Mr. Branca’s site wondering what happens if one of the other cases goes to en banc and comes out conflicting with Peruta. Does the en banc decision of one case overrule the three judge decision of Peruta? Or does it go to a cage match of some sort….