There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

At 1:24:41 PM PDT on August 15, 2016, 9th Circuit Court of Appeals Chief Judge Thomas issued the following Order in the combined concealed carry cases of Peruta v. San Diego and Richards v. Prieto:

Filed order (SIDNEY R. THOMAS) The full court was advised of appellants petitions for full court en banc rehearing (Docket Entry Nos. [334] and [335]). A judge requested a vote on whether to rehear the matter en banc by the full court. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of full court en banc consideration. Fed. R. App. P. 35. Accordingly, the petitions for full court en banc rehearing (Docket Entry Nos. [334] and [335]) are denied. In No. 10-56971, appellants motion for leave to file a reply brief (Docket Entry No. [344]) is denied as moot.

9th Circuit Court of Appeals Chief Judge Thomas.
9th Circuit Court of Appeals Chief Judge Thomas. (Photo: public domain, prepared by an officer or employee of the United States Government, Title 17, Chapter 1, Section 105 of the US Code)

On June 9, 2016, an eleven judge (limited) en banc panel of the 9th Circuit Court of Appeals published a decision in these two concealed carry cases which held that there is no right under the Second Amendment to carry weapons concealed in public. The Court also held that it was not deciding whether or not there is a right to openly carry firearms in public (Open Carry) because that question was not before the Court. The plaintiffs in both cases argued that states can ban Open Carry and require that handguns be carried concealed, conditional upon government issued permission slips.

Not a single judge filed a dissent to the Order denying the Full Court petitions which speaks volumes in regards to just how stupid the legal arguments made by the plaintiffs in these two concealed carry cases are.

The plaintiffs position conflicts with four US Supreme Court decisions and nearly 500 years of English court decisions leading up to the American Revolution and conflicts with American court decisions and laws which held that there is no right to concealed carry right up to the present day.

This will leave my California Open Carry case, Nichols v. Brown, as the last one standing because I argued that Open Carry is the right guaranteed by the Second Amendment and I disavowed any challenge, or desire, to carry a weapon concealed, or to carry a firearm in any sensitive place such as a school or government building. Mine is a pure Open Carry case.

The Peruta v. San Diego lawsuit, backed by the NRA and its state organization the CRPA, and the Richards v. Prieto lawsuit backed by the SAF and CalGuns.nuts have no recourse but to file a cert petition with the United States Supreme Court within the next 90 days.

Their petitions will be denied because this decision by the 9th Circuit Court of Appeals does not conflict with any other Federal Circuit and it does not conflict with any state high court decision.

No Right to Concealed Carry, Next Case, Open Carry

However, if I were to lose my Open Carry appeal my loss would create multiple conflicts (splits) with both Federal Circuit and state supreme courts making my loss a perfect candidate for US Supreme Court review.

The judges on the 9th Circuit Court of Appeals know this which is another reason why I will very likely prevail before the Court of Appeals leaving the State of California to file a cert petition which will be denied because the loss by the State of California will not create a single Federal Circuit split or conflict with any state supreme court decision.

Links to the decision and the petitions for a Full Court rehearing can be found here.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

Why Is The DNA Company Bringing Behavior Change Into Genetic Education?

Why is The DNA Company adding behavior-change training to DNA University? The answer lies in turning genetic insights into practical action.

How JP Morgan’s Justin Nelson Ties Giving to Estate Plans

Ask a wealthy family how they plan to divide an estate, and the conversation used to stop at percentages: how much to each child, how much to the grandchildren, how much to charity if anything is left over. That conversation has changed. Fo

Bestselling Author Chris Sund Finds 92% of Adults Believe They Are Capable of More

His survey of more than 200 working adults points to a gap that has little to do with talent, and a personal mission to help people close it.

How White-Collar Cases Now Begin With a Document Request, Not a Knock at the Door

A federal grand jury subpoena shows up in the CFO's inbox, addressed to the company, asking for three years of emails, wire records, and board decks. The case is already underway. Nobody kicked in a door. No agent flashed a badge in the lob

The Stokes Interview Is Back: Here’s What Couples Must Decide

Two years ago, plenty of marriage-based green card couples never sat across a desk from a USCIS officer. Interview waivers were common, files moved on paperwork, and the second, split-room interview known as a Stokes was a rare escalation r

Bloom Security Finds a Software Supply Chain Risk Hiding in AI Coding Workflows

AI coding agents are increasingly capable of selecting dependencies,...

The Real Gaza – Not NAZA – Story

Israeli soldiers in Naza: The Real Story describe Hamas tunnels, weapons in homes, civilian disguises and control of Gaza aid.

Related Articles

Popular Categories