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Press Releases

2/15/2017 - NRA Got Spanked for Valentine’s Day!

2/3/2017 - President Trump’s Supreme Court Nominee Neil Gorsuch

1/24/2017 -A Concealed Carry Case SCOTUS Can’t Refuse

1/23/2017 -President Trump’s Judicial Opportunity and Conundrum

1/13/2017 -NRA Tells Supreme Court Open Carry is Perverse

1/11/2017 - NRA Drops Supreme Court Concealed Carry Appeal

12/30/2016 - NRA Asks US Supreme Court To Hear Two Concealed Carry Lawsuits

12/10/2016 - National Concealed Carry Snake Oil Law Will Fail

11/29/2016 - What Lies Ahead for the Second Amendment?

11/10/2016 - The Second Amendment and President Trump

10/03/2016 - A Federal 9th Circuit Judge Finally Finds a Right to Bear Arms in Public

9/28/2016 - Are You Protected by the Fourth Amendment if You Carry a Firearm?

9/20/2016 - Two Concealed Carry Cases Fire Blanks in U.S. Court of Appeals for the District of Columbia Circuit

9/8/2016 - Another Second Amendment Appeal Crashing and Burning in 9th Circuit

8/24/2016 - Concealed Carry Snake Oil and Kool-Aid Peddlers Leave Town for DC

8/18/2016 - The NRA Files Legal Challenge To California Open Carry Bans – But Not Really

8/17/2016 - The Battle for the Second Amendment Moves to Hawaii

8/15/2016 - There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

8/5/2016 - Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

7/15/2016 - God Save The US From The Second Amendment Lawyers

7/8/2016 - NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 - Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 - NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 - Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 - Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 - What’s Next for the Right to Carry Firearms in Public?

6/8/2016 - Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 - Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 - The Second Amendment and the Concealed Carry Problem

5/11/2016 - Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 - California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 - Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 - Has the NRA Come to Bury the Second Amendment or to Defend It? -

4/6/2016 - Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 - Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 - Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 - How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 - The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 - The Second Amendment - Checkmate in Four Moves?

2/10/2016 - Why California's Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 - Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 - The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 - Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 - Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 - HELP WANTED: Competent Second Amendment Lawyer - Inquire Within

11/9/2015 - The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 - Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 - National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 - The Future of the Second Amendment in California and Hawaii

8/25/2015 - Yes, America, the Second Amendment is a Universal Right!

8/14/2015 - Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 - The Future of Open Carry in California Looks Bright

6/16/2015 - State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 - The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 - Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 - NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 - Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 - Why the Second Amendment Keeps Losing in Court

5/2/2015 - Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 - The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 - Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 - An Open Letter to the Orange County Register's Editorial on Concealed Carry

4/03/2015 - Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 - Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 - The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 - Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 - California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 - California Concealed Carry Permits - The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

10/17/2014 - It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 - Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 - District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 - California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 - Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 - The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 - Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 - The non-repeal of D.C., Gun-Control

7/2/2014 - US Supreme Court Still Silent On Second Amendment

6/28/2014 - Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 - The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 - NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 - NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

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9th Circuit Court of Appeals - How long from oral arguments to a decision?

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Here is a nearly complete list of decisions by the 9th Circuit Court of Appeals involving the Second Amendment from the Heller decision in 2008 until September 11, 2015.  The shortest time between when a decision was taken under submission for a decision and when a decision was issued was two days – US v. Small, Court of Appeals, 9th Circuit (2012).

The longest time for a decision was one year, nine months and four days – US v. Chovan, 735 F. 3d 1127 – Court of Appeals, 9th Circuit (2013).

Many of these decisions were quickly decided and when they were not, they often involved complex issues such as the incidental applicability of the Second Amendment to an immigrant fighting deportation due to an expunged conviction for possession of drug paraphernalia (Ramirez-Altamirano v. Mukasey) which took 1 year, 3 months and 2 days to resolve and even then the lone reference to the Second Amendment was made by the dissent protesting a decision which did not turn on the Second Amendment.

All of these cases can be read for free at -> https://scholar.google.com/ by simply clicking on the “case law” button then clicking on the select courts link and copying and pasting into the search box after selecting the check box for 9th circuit court of appeals.

Peruta v. San Diego and Richards v. Prieto (en banc) were taken under submission for a decision on June 16, 2015.  There is no real justification for a decision in this case to take this long.  It took the 9th Circuit just 45 days to conclude that machine-guns fall outside the scope of the Second Amendment even though Justice Scalia, who wrote the decision in Heller, said that the US Supreme Court has not yet decided that question.  The US Supreme Court has said three times that concealed carry is not a right.  The Peruta and Richards plaintiffs did not seek to openly carry a handgun, they all challenged the denial of concealed carry permits (or did not even bother to apply for a permit).  There is no complex question before the en banc panel.  We deserve a decision in this case now.  There are a dozen or more other cases pending before the 9th Circuit Court of Appeals or which are in queue which have been stayed because of the Peruta/Richards cases.  One of those was filed in 2008 just after the Heller decision was published.

 

Peruta v. San Diego/Richards v. Prieto (en banc)
Argued and Submitted June 16, 2015
Filed June 9, 2016

Fyock v. Sunnyvale, 779 F. 3d 991 – Court of Appeals, 9th Circuit 2015
Argued and Submitted November 17, 2014.
Filed March 4, 2015.

Enos v. Holder, Court of Appeals, 9th Circuit 2014
Argued and Submitted October 9, 2014 — San Francisco, California.
Filed October 16, 2014.

US v. Mendez, Court of Appeals, 9th Circuit 2014
Argued and Submitted June 4, 2014 — Seattle, Washington.
Filed August 26, 2014.

Jackson v. City and County of San Francisco, 746 F. 3d 953 – Court of Appeals, 9th Circuit 2014
Argued and Submitted October 7, 2013.
Filed March 25, 2014.

Peruta v. County of San Diego, 742 F. 3d 1144 – Court of Appeals, 9th Circuit 2014
Argued and Submitted December 6, 2012.
Filed February 13, 2014.

US v. Chovan, 735 F. 3d 1127 – Court of Appeals, 9th Circuit 2013
Argued and Submitted February 15, 2012.
Filed November 18, 2013.

US v. Schrag, Court of Appeals, 9th Circuit 2013
Submitted October 9, 2013[**] — Portland, Oregon.
Filed October 15, 2013.

Mehl v. Blanas, Court of Appeals, 9th Circuit 2013
Argued and Submitted December 10, 2012 — Pasadena, California.
Filed July 8, 2013.

US v. Small, Court of Appeals, 9th Circuit 2012
Submitted October 10, 2012[**] Seattle, Washington.
Filed October 12, 2012.

PETRAMALA v. United States Department of Justice, Court of Appeals, 9th Circuit 2012
Submitted September 10, 2012.[**]
Filed September 25, 2012.

US v. Henry, 688 F. 3d 637 – Court of Appeals, 9th Circuit 2012
Argued and Submitted June 26, 2012.
Filed August 9, 2012

US v. Dugan, 657 F. 3d 998 – Court of Appeals, 9th Circuit 2011
Argued and Submitted August 8, 2011.
Filed September 20, 2011.

Nordyke v. King, 644 F. 3d 776 – Court of Appeals, 9th Circuit 2011
Re-argued and Re-submitted October 19, 2010.
Filed May 2, 2011.
Opinion Issued April 20, 2009.
Opinion Withdrawn July 29, 2009.
Reheard En Banc September 24, 2009.
Remanded to Panel July 12, 2010.

Nordyke v. King, Court of Appeals, 9th Circuit 2009
Opinion Issued April 20, 2009.
Opinion Withdrawn July 29, 2009.
Reheard En Banc September 24, 2009.
Remanded to Panel July 12, 2010.
Re-argued and Re-submitted October 19, 2010—San Francisco, California.
Filed May 2, 2011.

US v. Potter, 630 F. 3d 1260 – Court of Appeals, 9th Circuit 2011
Submitted January 10, 2011.[*]
Filed January 26, 2011.

US v. Duckett, Court of Appeals, 9th Circuit 2010
Submitted December 10, 2010.[**] — Pasadena, California.
Filed December 16, 2010.

US v. Morsette, 622 F. 3d 1200 – Court of Appeals, 9th Circuit 2010
Argued and Submitted July 13, 2010.
Filed September 20, 2010.

US v. Hatfield, Court of Appeals, 9th Circuit 2010
Submitted April 5, 2010.[**]
Filed April 16, 2010.

US v. Parker, Court of Appeals, 9th Circuit 2010
Argued and Submitted February 10, 2010 — Pasadena, California.
Filed March 17, 2010.

US v. Vongxay, 594 F. 3d 1111 – Court of Appeals, 9th Circuit 2010
Argued and Submitted January 12, 2010.
Filed February 9, 2010.

US v. McCartney, Court of Appeals, 9th Circuit 2009
Argued and Submitted November 2, 2009 — San Francisco, California.
Filed November 20, 2009.

Ileto v. Glock, Inc., 565 F. 3d 1126 – Court of Appeals, 9th Circuit 2009
Argued and Submitted August 5, 2008.
Filed May 11, 2009.

Nordyke v. King, 563 F. 3d 439 – Court of Appeals, 9th Circuit 2009
Argued and Submitted January 15, 2009.
Filed April 20, 2009.

Ramirez-Altamirano v. Holder, 563 F. 3d 800 – Court of Appeals, 9th Circuit 2009
Argued and Submitted May 5, 2008.
Filed February 4, 2009.
Amended April 14, 2009.

Ramirez-Altamirano v. Mukasey, 554 F. 3d 786 – Court of Appeals, 9th Circuit 2009
Argued and Submitted May 5, 2008.
Filed February 4, 2009.

 

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