Articles

10-15-2017 – Governor Brown Signs Bill Allowing Guns Inside of Gun-Free School Zones

10-12-2017 – Is There a Right to Keep and Bear Arms? 9th Circuit to Decide in 2018

9-12-2017 – NRA Open Carry Lawsuit Opposes Open Carry

9-3-2017 – Supreme Court Long Conference on September 25, 2017

8-14-2017 – A Declaration That Open Carry Is the Right

7-28-2017 – Transcript Released in NRA’s Fake Open Carry Lawsuit

7-24-2017 – 50th Anniversary of California’s Loaded Open Carry Ban

7-12-2017 – Can we Save Our Right to Keep and Bear Arms?

6-27-2017 – Supreme Court Decides to Wait for Another Second Amendment Case

6/15/2017 – The Evil Practice of Carrying Weapons Secretly

6/6/2017 – NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

6/2/2017 – The NRA Lost Another Second Amendment Appeal Today

5/29/2017 – Lead Plaintiff in Supreme Court Concealed Carry Appeal says Courts are Corrupt

5/23/2017 – Peruta Concealed Carry Lawsuit has Waited 2,768 Days – Supreme Court says Wait Longer

5/20/2017 – Second Amendment Case Peruta vs. California May Strike-Out at Supreme Court

5/03/2017 – Did the NRA Take a Dive in its Fake Open Carry Lawsuit?

5/01/2017 – Supreme Court Again Silent on Second Amendment

04/22/2017 – Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 – Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 – Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 – Justice Neil Gorsuch and the Second Amendment

3/29/2017 – The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 – Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

3/22/2017 – Supreme Court Justice Sotomayor Finally Recognizes the Second Amendment

3/13/2017 – Another Second Amendment Appeal Shot-Down by the 9th Circuit

3/10/2017 – US Supreme Court to Decide Concealed Carry Petition in Two Weeks

3/5/2017 – The Florida Supreme Court Just Handed The US Supreme Court a Second Amendment Case It Can’t Refuse

2/23/2017 – California Asks Supreme Court to Wait For Nichols v. Brown Open Carry Appeal

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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Peruta v. San Diego Concealed Carry Appeal 10-56971 - Lost - 6-24-2016 & Onward - CERT DENIED

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CERT DENIED

This case is finished!  

Which means dead!  

It’s Over Folks!

352 – SCOTUS Clerk to 9th Circuit Court of Appeals Clerk letter of notification that cert was denied

It was 2,802 days from filing of this lawsuit in the district court to denial of cert by SCOTUS

Peruta v California – Dissent to Denial of Cert by Justices Thomas and Gorsuch

NO CCW FOR YOU

 It has been 578 days since the last 2A cert petition was granted (Caetano v. Massachusetts)!

It had been 6 years, 5 months, and 21 days since the previous cert petition was granted in McDonald v. City of Chicago on September 30, 2009.

The cert petition in District of Columbia v. Heller was granted on November 20, 2007.

RELISTED TO THE JUNE 22ND CONFERENCE

(Or so the Germans would have us believe.)

 

On March 2, 2017, the Florida Supreme Court handed Peruta a gift on a silver platter.  The Florida Supreme Court held in a 4-2-0 decision that Open Carry can be banned in favor of concealed carry.  

However, there are so many other problems with the Peruta case that SCOTUS may wait to hear a far cleaner case like the Florida case or my California Open Carry case.

FULL COURT PETITION DENIED ON AUGUST 15, 2016

MANDATE ISSUED ON AUGUST 24, 2016

 PERUTA CERT PETITION FILED JANUARY 12, 2017

THE BRIEFS IN OPPOSITION WERE FILED ON FEBRUARY 16, 2017

THE NRA/CRPA REPLY BRIEF IS WAS FILED ON MARCH 7, 2017

THE SAF DID NOT FILE A CERT PETITION IN RICHARDS V. PRIETO

Peruta v. San Diego Cert Petition

SCOTUS Docket Number 16-894

This Appeal Is Now Stylized As Peruta v. California et al

 Here is a link to the 9th Circuit Court of Appeals Peruta en banc page.




I had to create a new page for blog entries prior to June 24, 2016, Click Here.

Peruta v. San Diego Appeal 10-56971

SCROLL DOWN PAST THE VIDEOS FOR LINKS TO THE CERT PETITION, AMICUS BRIEFS AND UPDATES SINCE JUNE 24, 2016




This is a huge victory for the Second Amendment in California.  Whether this concession has any effect on concealed carry remains to be seen as ALL of the parties say that there is no right to carry a weapon concealed in public and if there is no right to concealed carry then it does not matter what restrictions are placed on Open Carry.  If there is no concealed carry right then there is no concealed carry right.  End of story.

The Peruta v. San Diego en banc panel consists of THOMAS , Chief Judge; and PREGERSON, SILVERMAN, GRABER, McKEOWN, W. FLETCHER, PAEZ, CALLAHAN, BEA, N.R. SMITH and OWENS




For the current status of my California Open Carry lawsuit click here.

There is only one lawsuit seeking to restore Loaded Open Carry to California – Nichols v. Brown.

NRA Suckers

Full en banc Hearing of Peruta v. San Diego and Richards v. Prieto




NRA lawyer Chuck Michel predicts Peruta CCW decision will be overturned.







Post en banc Decision Proceedings

Amicus Briefs

BRIEF OF AMICI CURIAE WESTERN STATES SHERIFFS ASSOCIATION ET AL

Amicus Brief of Alabama and 25 Other States

Brief Amicus Curiae of Gun Owners of America Inc Gun Owners Foundation et al

Amicus Brief Filed by Texas and 8 Governors

BRIEF OF AMICI CURIAE NEW YORK STATE RIFLE AND PISTOL ASSOCIATION INC – NEW JERSEY RIFLE AND PISTOL CLUBS INC – COMMONWEALTH SECOND AMENDMENT INC – CONNECTICUT CITIZENS DEFENSE LEAGUE INC – MARYLAND STATE RIFLE AND PISTOL ASSOCIATION INC – AND GUN OWNERS OF CALIFORNIA IN SUPPORT OF PETITIONERS

Brief amicus curiae of Center for Constitutional Jurisprudence

Brief amicus curiae of National Rifle Association of America, Inc.

SCOTUSblog Case Page

Cert Petition Briefs and Denial of Cert

352 – SCOTUS Clerk to 9th Circuit Court of Appeals Clerk letter of notification that cert was denied – Filed on June 26, 2017.

Peruta v California – Dissent to Denial of Cert by Justices Thomas and Gorsuch – Filed on June 26, 2017.

Reply Brief – Filed on March 7, 2017.

BRIEF FOR THE STATE OF CALIFORNIA IN OPPOSITION  due February 16, 2017. Filed on February 16, 2017.

Brief In Opposition for County of Yolo and Sheriff Ed Prieto due February 16, 2017. Filed on February 16, 2017.

Jan 27 2017 – Letter received from counsel for respondent (Unless the Court requests a response, only the state of California will be filing a response)

Peruta v. San Diego Cert Petition – Filed on January 12, 2017.

SCOTUSblog Case Page




9th Circuit Court of Appeals Briefs

347 – Final Mandate Issued – Filed on August 24, 2016.

Order Denying Petition for Full Court Rehearing – Filed on August 15, 2016.

Peruta Motion to file Response to Intervenor California Response to Full Court Petition – Filed on July 22, 2016.

Intervenor State of California in 10-56971 response to Petition for Rehearing En Banc Due July 15, 2016.  Filed on July 15, 2016.

Order to file a response to the petitions.  Filed on June 24, 2016.  Responses due July 15, 2016.

Petition for a Full en banc Court Rehearing – Peruta v. San Diego – Filed on June 23, 2016.

en banc (limited) Decision published on June 9, 2016

Here is a link to the 9th Circuit Court of Appeals Peruta en banc page.

Here is the now vacated, divided three judge panel decision in the case of Peruta v. San Diego.

Appellant’s Reply Brief

Appellees Answering Brief

Errata to Appellant’s Opening Brief

Appellant’s Opening Brief

Here is a link to the 9th Circuit Court of Appeals General Orders which is chock full of legal babble including how en banc petitions are handled.

Here is a link to the Federal Rules of Appellate Procedure and 9th Circuit Appellate Rules and 9th Circuit Advisory Notes.

 







Update by Charles Nichols, President of California Right To Carry – June 26,  2017  Clerk of SCOTUS notification letter to Clerk of 9th circuit court of appeals that cert was denied.

352 – SCOTUS Clerk to 9th Circuit Court of Appeals Clerk letter of notification that cert was denied

Notice of Docket Activity

The following transaction was entered on 06/26/2017 at 12:05:11 PM PDT and filed on 06/26/2017

Case Name: Edward Peruta, et al v. County of San Diego, et al
Case Number: 10-56971
Document(s): Document(s)

Docket Text:
Supreme Court Case Info
Case number: 16-894
Filed on: 01/12/2017
Cert Petition Action 1: Denied, 06/26/2017
[10487655] (HH)

Update by Charles Nichols, President of California Right To Carry – June 26,  2017  CERT DENIED  – This case is finished.

Peruta v California – Dissent to Denial of Cert by Justices Thomas and Gorsuch

Update by Charles Nichols, President of California Right To Carry – June 12,  2017 – Relisted to this Thursday’s conference.  Results the following Monday morning.  There are just two conferences left this term.  It is highly unlikely that this case will be relisted to the 2017 term.  Possible but highly unlikely.

Update by Charles Nichols, President of California Right To Carry – June 5,  2017 – The SCOTUS Orders list is out and Peruta wasn’t on it.  It will likely be relisted to this Thursday’s private conference of justices.  Given the number of relists, it is all but certain now that the petition will be denied.

Update by Charles Nichols, President of California Right To Carry – May 30,  2017 – The SCOTUS docket now says that the cert petition has been distributed to the conference of June 1st.  The probability of the cert petition being granted has now dropped from 93.4% to 6.6%.  If the cert petition is not granted after this latest relist then it will likely be denied.  So far this term, no cert petition which has been relisted more than four times has survived.  This is Peruta’s 4th relist.

Update by Charles Nichols, President of California Right To Carry – May 22,  2017 – The SCOTUS docket now says that the cert petition has been rescheduled to the conference of May 25th.  The probability of the cert petition being granted drops from 93.4% to 6.6% if the cert petition is not granted after this latest relist.  So far this term, no cert petition which has been relisted more than four times has survived.  This is Peruta’s 3rd relist.

Because next Monday is a court holiday, we will not know the results of this Thursday’s private conference of justices until Tuesday morning at 6:30 AM PT.

Update by Charles Nichols, President of California Right To Carry – May 15,  2017 – The SCOTUS docket now says that the cert petition has been rescheduled to the conference of May 18th.

May 15 2017 DISTRIBUTED for Conference of May 18, 2017.

Update by Charles Nichols, President of California Right To Carry – May 8,  2017 – The SCOTUS docket now says that the cert petition has been rescheduled to the conference of May 11th.

May 8 2017 DISTRIBUTED for Conference of May 11, 2017.

Update by Charles Nichols, President of California Right To Carry – April 20,  2017 – The SCOTUS docket now says that the cert petition has been rescheduled.

Apr 20 2017 Rescheduled.

Update by Charles Nichols, President of California Right To Carry – April 17,  2017 – The SCOTUS docket now says that the cert petition has been distributed for this Friday’s conference.

Update by Charles Nichols, President of California Right To Carry – April 10,  2017 – The SCOTUS docket now says that the cert petition has been distributed for this Thursday’s conference.  According to SCOTUSblog, the results of the conference will be release on the following Monday as usual.  If the cert petition is considered in Thursday’s conference then that will be the first time as the cert petition had been rescheduled multiple times.  Rarely, SCOTUS will announce the granting of a cert petition before the following Monday.  These past several years, no cert petition has been granted that has not been relisted once and so don’t be surprised if one of two things happens:  The Orders list released on Monday says “cert denied” or the cert petition is rescheduled for the following conference day.

Apr 10 2017 DISTRIBUTED for Conference of April 13, 2017

Update by Charles Nichols, President of California Right To Carry – April 3,  2017 – The SCOTUS docket continues to give different dockets and so I am going to rely on the SCOTUSblog docket and what the Supreme Court clerk who answers the phone tells me and, of course, the Orders list for each conference.

All we know at this point is that this case has been “rescheduled” but not rescheduled for a specific conference.  FYI, the next SCOTUS conference is on April 13th and so that is the earliest the cert petition could be considered.  The SCOTUS rules have not changed.  It takes only one Justice to reschedule or relist a cert petition for another date.  It takes four justices to grant a cert petition, it takes five justices (assuming Gorsuch is seated and all other things being equal) for one side to prevail and it takes six justices to issue a per curium decision.

Update by Charles Nichols, President of California Right To Carry – March 31,  2017 at 11:14 pm – The SCOTUS docket now says “rescheduled.” I flushed my DNS cache and logged on through my VPN from a New York server as well.  Same result.  We’ll have to wait until Monday.

Update by Charles Nichols, President of California Right To Carry – March 31,  2017 – The SCOTUS docket now says the petition was distributed for today’s conference.  Results on Monday morning.

Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.

Update by Charles Nichols, President of California Right To Carry – March 28,  2017 – The SCOTUS docket still does not reflect that the cert petition has been scheduled for this Friday’s conference and so I called the US Supreme Court clerk’s office which confirmed that the petition has been scheduled for this Friday.  Results of the conference are published in the Orders List on Monday morning following the conference at 6:30 AM.

Update by Charles Nichols, President of California Right To Carry – March 27,  2017 at 1:22 PM – SCOTUSblog says the petition has been scheduled for this Friday’s conference.  The Federal docket still simply says “rescheduled.”  Which is true?  I don’t know.  If SCOTUSblog is correct then we will know the results of this Friday’s conference at 6:30 am PT Monday, April 3rd.

Update by Charles Nichols, President of California Right To Carry – March 26,  2017 – Two years ago today:

Filed order (SIDNEY R. THOMAS) En banc oral argument will take place during the week of June 15, 2015, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (415) 355-8026. Within seven days from the date of this order, the parties shall forward to the Clerk of Court twenty-five additional paper copies of the original briefs (including supplemental and amicus briefs) and excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for- Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9473833] (SM) [Entered: 03/26/2015 02:42 PM]

Update by Charles Nichols, President of California Right To Carry – March 23,  2017 – The cert petition was rescheduled this morning.  Presumably for the conference of March 31st.

Update by Charles Nichols, President of California Right To Carry – March 8,  2017 – The cert petition is scheduled for the conference of March 24, 2017.  Given that San Diego did not file a Brief In Opposition and SCOTUS did not request one, that is a pretty good indication that the cert petition is already on the dead-list and its demise before SCOTUS will be reported on the ORDERS List published the following Monday morning.

Update by Charles Nichols, President of California Right To Carry – March 7,  2017 – Notice of filing of reply brief to the Brief In Opposition was posted on the docket today.  I’ve uploaded the Reply Brief.  The cert petition stage is now fully briefed.  The case should be assigned to a private conference this month.  Most likely the conference of March 17th or 24th.  It is said that justices do not act on a petition until after it has been distributed for two weeks.  The reality is that it the clerks who read the cert petitions.  They prepare memos and bring to the justices attention those cases they think the justices might be interested in voting on.  Everything else gets put on a dead-list and is routinely denied without the justices ever having read a single page from the cert petitions.

Reply Brief

Update by Charles Nichols, President of California Right To Carry – February 28,  2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 17,  2017 – UPDATE: The Briefs In Opposition by the State of California and Sheriff Prieto (Yolo County) have been uploaded here as have been a couple more Amicus briefs.

Update by Charles Nichols, President of California Right To Carry – February 17,  2017 – The Brief In Opposition by the State of California was filed yesterday.  I will upload it when I get a copy.  I’ve uploaded another Amicus brief and will upload the others when I get them.  Typically the briefs will be circulated for 10-14 days before being reviewed in conference.  The filing deadline was yesterday which means the first conference this case will likely be reviewed at is the March 3rd conference.  Given that SCOTUS did not request a Brief In Opposition from the primary respondent (San Diego Sheriff Gore) that is a statistical certainty that the petition will be denied when the results of its first conference (Orders List) is published.  This is what the SCOTUS docket looks like:

No. 16-894
Title:
Edward Peruta, et al., Petitioners
v.
California, et al.
Docketed: January 17, 2017
Linked with 16A440
Lower Ct: United States Court of Appeals for the Ninth Circuit
Case Nos.: (10-56971)
Decision Date: June 9, 2016
Rehearing Denied: August 15, 2016

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 31 2016 Application (16A440) to extend the time to file a petition for a writ of certiorari from November 13, 2016 to December 14, 2016, submitted to Justice Kennedy.
Dec 2 2016 Application (16A440) to extend further the time from December 14, 2016 to January 12, 2017, submitted to Justice Kennedy.
Dec 5 2016 Application (16A440) granted by Justice Kennedy extending the time to file until January 12, 2017.
Jan 12 2017 Petition for a writ of certiorari filed. (Response due February 16, 2017)
Jan 26 2017 Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel petitioners.
Jan 27 2017 Letter received from counsel for respondent.
Feb 6 2017 Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Second Amendment Foundation, Inc., et al..
Feb 15 2017 Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Feb 16 2017 Brief amicus curiae of National Rifle Association of America, Inc. filed.
Feb 16 2017 Brief amici curiae of Western States Sheriffs’ Association, et al. filed.
Feb 16 2017 Brief of respondent California in opposition filed.

Update by Charles Nichols, President of California Right To Carry – February 16,  2017 – The Briefs In Opposition were due today.  San Diego has said it would not be filing one but that the State of California would.  I will post a copy of the state’s BIO when I get it.  I have added a link to one of the Amicus briefs filed by BRIEF OF AMICI CURIAE NEW YORK STATE RIFLE AND PISTOL ASSOCIATION INC – NEW JERSEY RIFLE AND PISTOL CLUBS INC – COMMONWEALTH SECOND AMENDMENT INC – CONNECTICUT CITIZENS DEFENSE LEAGUE INC – MARYLAND STATE RIFLE AND PISTOL ASSOCIATION INC – AND GUN OWNERS OF CALIFORNIA IN SUPPORT OF PETITIONERS.

Update by Charles Nichols, President of California Right To Carry – February 13,  2017 – Three years ago today the sharply divided 2-1 decision in Peruta v. San Diego was published.  As I predicted, the decision was quickly vacated and eventually reheard before an en banc court where the en banc court held 7-4 that concealed carry is not a Second Amendment right.  The en banc court also held that given the Peruta plaintiffs had never sought to openly carry a firearm (indeed, the plaintiffs argued that California can, should and must ban Open Carry) there was no Open Carry question before the en banc court to decide.

Update by Charles Nichols, President of California Right To Carry – February 8,  2017 – The SCOTUS docket has another update.  The Second Amendment  Foundation (one of the plaintiffs in the Richards v. Prieto lawsuit which lost before the en banc panel) has filed a blanket permission to file an Amicus brief.  This seems odd to me because the SAF did not file a cert petition.  The SAF case number does not even appear on the SCOTUS docket.  I have no idea why the Second Amendment Foundation is listed as a “respondent.”  The respondents are the State of California, Sheriff of San Diego County and County of San Diego.  The petitioner is Ed Peruta and the Peruta plaintiffs.  The SAF did not file a cert petition.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioners:
Paul D. Clement Kirkland & Ellis LLP (202) 879-5000
    Counsel of Record 655 Fifteenth Street, N.W.
Washington, DC  20005
paul.clement@kirkland.com
Party name: Edward Peruta, et al.
Attorneys for Respondents:
Alan Gura Gura PLLC (703) 835-9085
916 Prince Street, Suite 107
Alexandria, VA  22314
www.gurapllc.cpm
Party name: Second Amendment Foundation, Inc.
Feb 6 2017 Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Second Amendment Foundation, Inc., et al..

Update by Charles Nichols, President of California Right To Carry – February 7,  2017 – The SCOTUS docket has an update:

Feb 6 2017 Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Second Amendment Foundation, Inc., et al.  I have no plans on filing an Amicus brief at the current cert stage.  Should lightening strike and the cert petition be granted then an Amicus brief would be appropriate at the merits stage.

Update by Charles Nichols, President of California Right To Carry – February 6,  2017 – The lead attorney for the County of and San Diego Sheriff Gore sent me a copy of the letter he sent to the United States Supreme Court and which shows up on the docket as filed on January 27, 2017.  Consistent with his position before the en banc court, he has stated that he will not be filing a separate brief to the state’s Brief In Opposition unless requested to by the Court.  The letter I have posted here is incorrectly dated for today because he sent me a .docx file which uses a date field.  I did not want to edit it, especially so given I do not know the date of the original.  Jan 27 2017 – Letter received from counsel for respondent

Update by Charles Nichols, President of California Right To Carry – February 5,  2017 – The other day I noticed that the SCOTUS docket shows that this case is now stylized as Peruta v. California et al.  It might not seem obvious at first but this is another reason why cert will be denied in this case.  From the time the NRA took over this case in 2010 they have claimed that they are not challenging any state law, just the concealed carry policy of the San Diego sheriff.  SCOTUS doesn’t like to grant cert in cases where there are “vehicle problems” and the Peruta case crashed and burned the moment the NRA took over the case in 2010. 

Update by Charles Nichols, President of California Right To Carry – February 3,  2017 – Today the docket shows that a letter was filed by the respondent (presumably San Diego County Sheriff Gore’s attorney filed it) late January.  I’ve emailed him asking for a copy of the letter.  I will post it here if I get it.  

Update by Charles Nichols, President of California Right To Carry – January 18,  2017 – We now have a SCOTUS Docket Number 16-894.  350 – Peruta v. San Diego

No. 16-894
Title:
Edward Peruta, et al., Petitioners
v.
California, et al.
Docketed: January 17, 2017
Linked with 16A440
Lower Ct: United States Court of Appeals for the Ninth Circuit
  Case Nos.: (10-56971)
  Decision Date: June 9, 2016
  Rehearing Denied: August 15, 2016

 

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 31 2016 Application (16A440) to extend the time to file a petition for a writ of certiorari from November 13, 2016 to December 14, 2016, submitted to Justice Kennedy.
Dec 2 2016 Application (16A440) to extend further the time from December 14, 2016 to January 12, 2017, submitted to Justice Kennedy.
Dec 5 2016 Application (16A440) granted by Justice Kennedy extending the time to file until January 12, 2017.
Jan 12 2017 Petition for a writ of certiorari filed. (Response due February 16, 2017)

Update by Charles Nichols, President of California Right To Carry – January 12,  2017 at 2:02 PM – San Diego Sheriff Gore’s attorney quickly responded to my request for the cert petition filed in this case.  The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry.  You can read the cert petition by clicking on the link.  It is under today’s update as well as above the fold.

Peruta v. San Diego Cert Petition

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 – Nothing new.

Update December 6, 2016 by Charles Nichols – President of California Right To Carry – The Plaintiffs filed another application on December 2, 2016, to extend the time to file a cert petition to January 12, 2017.  Update 10:19 AM: The SCOTUS docket just updated.  The extension to January 12, 2017, was granted yesterday by Justice Kennedy who handles extensions for this circuit.

Update November 9, 2016 by Charles Nichols – President of California Right To Carry – The Plaintiffs filed an application to extend the time to file a cert petition which was granted.  Today, that fact was entered onto the 9th Circuit docket.

Notice of Docket Activity
The following transaction was entered on 11/09/2016 at 5:47:48 PM PST and filed on 11/09/2016
Case Name: Edward Peruta, et al v. County of San Diego, et al
Case Number: 10-56971
Docket Text:
Received letter from the Supreme Court dated 11/01/2016 regarding the application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kennedy, who on November 1, 2016, extended the time to and including December 14, 2016. Application No. 16A440. [10192655] (RR)

Update August 24, 2016 by Charles Nichols – President of California Right To Carry – The Mandate has issued.  This case is closed, finished, fini, over, dead as a doornail.

347 – Final Mandate

Notice of Docket Activity

The following transaction was entered on 08/24/2016 at 11:04:43 AM PDT and filed on 08/24/2016

Case Name: Edward Peruta, et al v. County of San Diego, et al
Case Number:   10-56971
Document(s): 347 – Final Mandate

 

Docket Text:
AMENDED MANDATE ISSUED. SRT, HP, BGS, SPG, MMM, WAF, RAP, CMC, CTB, NRS and JBO. [10098728] [10-56971, 11-16255] (RL)

Update August 15, 2016 by Charles Nichols – President of California Right To Carry – FULL COURT PETITION DENIED.  Now we wait for the mandate to issue (7 to 30 days from August 15, 2016) at which point this case is over as far as the 9th Circuit Court of Appeals is concerned.  All that is left for the plaintiffs is to file a cert petition with the US Supreme Court which will be denied.

The following transaction was entered on 08/15/2016 at 1:24:41 PM PDT and filed on 08/15/2016

Case Name: Edward Peruta, et al v. County of San Diego, et al
Case Number:   10-56971
Document(s): Document(s)

 

Docket Text:
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. [10087152] [10-56971, 11-16255] (OC)

Update August 2, 2016 by Charles Nichols – President of California Right To Carry – Thirty-nine days have come and gone since some circuit judge called for a vote and the Chief Judge issued an Order to the parties to file a response to the Full Court petitions.  No supplemental briefing has been requested separate from the response to the petitions and the issuance of the mandate has not been stayed.  The last time around the issuance of the mandate in the sharply divided three judge panel decision was stayed on the 15th day following the date of the three judge panel decision.  Given that a Full Court petition has never been granted and an en banc panel has never consisted of more than 15 judges (now 11 judges) coupled with the absence of a stay and no request for supplemental briefing, it appears more and more likely that the Full Court petition will be denied.  Our biggest worry is that the en banc decision is modified in a way that hurts my case prior to the mandate issuing.  I don’t know anything the court can say in a modified decision that would hurt my case and not also create a circuit split with Heller but until the petitions are denied and the mandate issues, the en banc decision can still be modified.

Update July 22, 2016 by Charles Nichols – President of California Right To Carry – Today, Peruta filed an unusual motion to file a response to Intervenor State of California Response to Peruta’s petition for a Full Court rehearing of the en banc panel decision.  Peruta Motion to file Response to Intervenor California Response to Full Court Petition

Update July 15, 2016 by Charles Nichols – President of California Right To Carry – Today, the State of California filed its response to the the petition for rehearing en banc (Full Court) by Appellants Peruta and Richards.  Intervenor State of California in 10-56971 response to Petition for Rehearing En Banc

I like this bit at the end of the response:

“In short, the Court’s en banc decision is correct on the merits…It preserves the stability and flexibility of existing law, without prejudging any new Second Amendment challenge that might be brought in the future.”

EDIT: It looks like Sheriff Gore is not going to file a response. The same thing happened the last time around. His attorney mailed a letter dated April 1, 2016 saying his “Client has directed csl to not file anything further on appeal. No response regarding motions to intervene will be filed.” The letter was submitted in paper format rather than filed electronically. A month later, On May 1, 2014, the court issued an Order directing Sheriff Gore to file a response with 14 days.

Docket Text: 343
Filed (ECF) Intervenor State of California in 10-56971 response to Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing) for rehearing by en banc only (all active, any interested senior judges). Date of service: 07/15/2016. [10051943]. [10-56971, 11-16255] (Boergers, Kathleen)

Update June 24, 2016 by Charles Nichols – President of California Right To Carry – Today, Chief Judge Thomas issued an Order to the Appellees and Intervenor (State of California) to reply to the petitions for a full court en banc rehearing of the limited en banc decision in Peruta v. San Diego and Richards v. Prieto.  This likely means that some active circuit court judge called for a vote on whether or not to grant the petition for a Full Court hearing.  Now, instead of a delay of a few weeks, we could once again be looking at a delay of several months.  Last time around it took four months to decide on the petition for rehearing en banc.

 




For blog entries prior to June 24, 2016, Click Here.




Here is the Federal Docket as of July 5, 2016.  You will need a PACER account to view the filings from the docket.  Many of the filings are available here for free.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 10-56971 Docketed: 12/16/2010
Termed: 06/09/2016
Nature of Suit: 3440 Other Civil Rights
Edward Peruta, et al v. County of San Diego, et al
Appeal From: U.S. District Court for Southern California, San Diego
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0974-3 : 3:09-cv-02371-IEG-BGS
     Court Reporter: Frank Joseph Rangus, Official Court Reporter
     Trial Judge: Irma E. Gonzalez, Senior District Judge
     Date Filed: 10/23/2009
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     12/10/2010      12/10/2010      12/14/2010      12/14/2010
Prior Cases:
     None
Current Cases:
Lead Member Start End
     Consolidated
10-56971 11-16255 04/01/2015

 

EDWARD PERUTA
Plaintiff – Appellant,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
Bancroft PLLC
500 New Jersey Avenue, NW
7th Floor
Washington, DC 20001Paul Henry Neuharth, Jr., Attorney
Direct: 619-231-0401
[COR LD NTC Retained]
Paul Neuharth, Jr. APC
102
Firm: 619-231-0401
1140 Union St.
San Diego, CA 92101Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802
MICHELLE LAXSON
Plaintiff – Appellant,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
(see above)Paul Henry Neuharth, Jr., Attorney
Direct: 619-231-0401
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)
JAMES DODD
Plaintiff – Appellant,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
(see above)Paul Henry Neuharth, Jr., Attorney
Direct: 619-231-0401
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)
LESLIE BUNCHER, Dr.
Plaintiff – Appellant,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
(see above)Paul Henry Neuharth, Jr., Attorney
Direct: 619-231-0401
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)
MARK CLEARY
Plaintiff – Appellant,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
(see above)Paul Henry Neuharth, Jr., Attorney
Direct: 619-231-0401
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)
CALIFORNIA RIFLE AND PISTOL ASSOCIATION FOUNDATION
Plaintiff – Appellant,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
(see above)Paul Henry Neuharth, Jr., Attorney
Direct: 619-231-0401
[COR LD NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)
STATE OF CALIFORNIA
Intervenor,
Kathleen Boergers
Direct: 510-622-4453
[COR NTC Dep State Aty Gen]
AGCA – Office of the Attorney General
20th floor
1515 Clay Street
Oakland, CA 94612-0550Gregory David Brown, Esquire, Deputy Attorney General
[COR NTC Dep State Aty Gen]
AGCA – Office of the California Attorney General
455 Golden Gate Avenue
San Francisco, CA 94102Edward C. DuMont
Direct: 415-703-2540
[COR NTC Government]
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102
   v.
COUNTY OF SAN DIEGO
Defendant – Appellee,
James Chapin, Esquire, Senior Deputy County Counsel
Direct: 619-531-5244
[COR NTC County Counsel]
Office of County Counsel
355
1600 Pacific Highway
San Diego, CA 92101
WILLIAM D. GORE, individually and in his capacity as Sheriff
Defendant – Appellee,
James Chapin, Esquire, Senior Deputy County Counsel
Direct: 619-531-5244
[COR NTC County Counsel]
(see above)
——————————
CONGRESS OF RACIAL EQUALITY
Amicus Curiae,
Stephen Porter Halbrook, Attorney
[COR LD NTC Retained]
3925 Chain Bridge Road
Fairfax, VA 22030Stefan B. Tahmassebi, Deputy General Counsel
Direct: 703-267-1259
[COR LD NTC Retained]
National Rifle Association of America
Office of Legislative Counsel
Firm: 703-267-1166
11250 Waples Mill Rd., 5N
Fairfax, VA 22030
NATIONAL RIFLE ASSOCIATION OF AMERICA, INC.
Amicus Curiae,
Paul D. Clement, Attorney
Direct: 202-234-0090
[COR LD NTC Retained]
(see above)Charles J. Cooper
Direct: 202-220-9600
[COR LD NTC Retained]
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
ALLAN JEROME MAYER, Attorney
Amicus Curiae – Pending,
Allan Jerome Mayer, Attorney
Direct: 805/544-7081
[NTC Pro Se]
1650 El Cerrito Court
San Luis Obispo, CA 93401
INTERNATIONAL LAW ENFORCEMENT EDUCATORS AND TRAINERS ASSOCIATION
Amicus Curiae,
David Kopel
Direct: 303-279-6536
[COR LD NTC Retained]
Independence Institute
Firm: 303-279-6536
727 East 16th Avenue
Denver, CO 80203Dan M. Peterson, Attorney
[COR LD NTC Retained]
Dan M Peterson PLLC
3925 Chain Bridge Road
Suite 403
Fairfax, VA 22030
ROBERT T. DOYLE, Marin County Sheriff
Amicus Curiae – Pending,
Simon J. Frankel, Esquire, Attorney
[COR NTC Retained]
Covington & Burling, LLP
One Front Street
San Francisco, CA 94111
INDEPENDENCE INSTITUTE
Amicus Curiae,
David Kopel
Direct: 303-279-6536
[COR LD NTC Retained]
(see above)
PATRICK ALEXANDRE MISSUD, I
Terminated: 05/21/2015
Amicus Curiae – Pending,
SECOND AMENDMENT FOUNDATION, INC.
Amicus Curiae,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
Gura & Possessky, PLLC
916 Prince Street
Suite 107
Alexandria, VA 22314
CALGUNS FOUNDATION, INC.
Amicus Curiae,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
ADAM RICHARDS
Amicus Curiae,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
BRETT STEWART
Amicus Curiae,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
CENTER FOR CONSTITUTIONAL JURISPRUDENCE
Amicus Curiae,
John C. Eastman
Direct: 714-628-2587
[COR LD NTC Retained]
THE CLAREMONT INSTITUTE CENTER FOR
CONSTITUTIONAL JURISPRUDENCE
c/o Chapman Univ. School of Law
One University Drive
Orange, CA 92866
DOCTORS FOR RESPONSIBLE GUN OWNERSHIP
Amicus Curiae,
John C. Eastman
Direct: 714-628-2587
[COR LD NTC Retained]
(see above)
LAW ENFORCEMENT ALLIANCE OF AMERICA
Amicus Curiae,
John C. Eastman
Direct: 714-628-2587
[COR LD NTC Retained]
(see above)Dan M. Peterson, Attorney
[COR LD NTC Retained]
(see above)
THE GUN OWNERS OF CALIFORNIA
Amicus Curiae,
Don Kates
Direct: 562-216-4444
[COR LD NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802
H. L. RICHARDSON, Senator (Retired)
Amicus Curiae,
Don Kates
Direct: 562-216-4444
[COR LD NTC Retained]
(see above)
BRADY CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,
Kathryn Marshall Ali
Direct: 202-637-5771
[COR NTC Retained]
Hogan Lovells US LLP
Firm: 202-637-5600
555 Thirteenth Street, NW
Washington, DC 20004Paul B. Salvaty
Direct: 310-785-4600
[COR NTC Retained]
Hogan Lovells US LLP
Suite 1400
1999 Avenue of the Stars
Los Angeles, CA 90067
INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS
Amicus Curiae,
Paul B. Salvaty
Direct: 310-785-4600
[COR NTC Retained]
(see above)
POLICE FOUNDATION
Amicus Curiae,
Paul B. Salvaty
Direct: 310-785-4600
[COR NTC Retained]
(see above)
LEGAL COMMUNITY AGAINST VIOLENCE
Amicus Curiae,
Simon J. Frankel, Esquire, Attorney
[COR NTC Retained]
(see above)
MAJOR CITIES CHIEFS ASSOCIATION
Amicus Curiae,
Simon J. Frankel, Esquire, Attorney
[COR NTC Retained]
(see above)
ASSOCIATION OF PROSECUTING ATTORNEYS
Amicus Curiae,
Simon J. Frankel, Esquire, Attorney
[COR NTC Retained]
(see above)
GEORGE GASCON, San Francisco District Attorney
Amicus Curiae,
Simon J. Frankel, Esquire, Attorney
[COR NTC Retained]
(see above)
CALIFORNIA SHERRIFS’ ASSOCIATION
Amicus Curiae,
Paul R. Coble, Esquire, Attorney
Direct: 714-446-1400
[COR LD NTC Retained]
Jones & Mayer
3777 N. Harbor Boulevard
Fullerton, CA 92835
LAW CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,
Simon J. Frankel, Esquire, Attorney
[COR NTC Retained]
(see above)
EDWARD G. PRIETO, Sheriff
Amicus Curiae,
John A. Whitesides, Esquire, Attorney
Direct: 916-564-6100
[COR LD NTC Retained]
ANGELO, KILDAY & KILDUFF
150
Firm: (916) 5646100
601 University Avenue
Suite 150
Sacramento, CA 95825
COUNTY OF YOLO
Amicus Curiae,
John A. Whitesides, Esquire, Attorney
Direct: 916-564-6100
[COR LD NTC Retained]
(see above)
STATE OF HAWAII
Amicus Curiae,
Girard Douglas Lau, Esquire, Deputy Attorney General
[COR LD NTC State Atty General]
AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL
Firm: 808-568-1180
425 Queen Street
Honolulu, HI 96813Kimberly Tsumoto Guidry
Direct: 808-586-1360
[COR NTC Dep State Aty Gen]
AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL
Firm: 808-568-1180
425 Queen Street
Honolulu, HI 96813Robert Tadao Nakatsuji, Esquire
Direct: 808-586-1360
[COR NTC Dep State Aty Gen]
AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL
Firm: 808-568-1180
425 Queen Street
Honolulu, HI 96813
BRADY CENTER TO PREVENT GUN VIOLENCE
Terminated: 12/23/2014
Amicus Curiae,
CALIFORNIA POLICE CHIEFS’ ASSOCIATION
Amicus Curiae,
Paul R. Coble, Esquire, Attorney
Direct: 714-446-1400
[COR LD NTC Retained]
(see above)Martin Joel Mayer
Direct: 714-446-1440
[COR LD NTC Retained]
Jones & Mayer
3777 N. Harbor Boulevard
Fullerton, CA 92835
CALIFORNIA PEACE OFFICERS’ ASSOCIATION
Amicus Curiae,
Paul R. Coble, Esquire, Attorney
Direct: 714-446-1400
[COR LD NTC Retained]
(see above)Martin Joel Mayer
Direct: 714-446-1440
[COR LD NTC Retained]
(see above)
FIREARMS POLICY COALITION, INC., FIREARMS POLICY FOUNDATION, INC.; CALIFORNIA ASSOCIATION OF FEDERAL FIREARMS LICENSEES, INC.; PINK PISTOLS; GUN RIGHTS ACROSS AMERICA; LIBERAL GUN OWNERS ASSOCIATION; MADISON SOCIETY, INC.; HAWAII DEFENSE FOUNDATION; FLORIDA CARRY, INC.; ILLINOIS CARRY; KNIFE RIGHTS FOUNDATION, INC.; and SECOND AMENDMENT PLAINTIFFS
Amicus Curiae,
Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR LD NTC Retained]
Benbrook Law Group
400 Capitol Mall
Sacramento, CA 95814
CHARLES NICHOLS, President of California Right to Carry
Amicus Curiae,
Charles Nichols
Direct: 424-634-7381
[NTC Pro Se]
Charles Nichols
P. O. Box 1302
Redondo Beach, CA 90278
PINK PISTOLS
Amicus Curiae,
Brian S. Koukoutchos
Direct: 985-626-5052
[COR LD NTC Retained]
Brian S. Koukoutchos
28 Eagle Trace
Mandeville, LA 70471
WOMEN AGAINST GUN CONTROL, INC.
Amicus Curiae,
Brian S. Koukoutchos
Direct: 985-626-5052
[COR LD NTC Retained]
(see above)
SECOND AMENDMENT SISTERS
Amicus Curiae,
Brian S. Koukoutchos
Direct: 985-626-5052
[COR LD NTC Retained]
(see above)
LEAGUE OF CALIFORNIA CITIES
Amicus Curiae,
Thomas Peter Pierce
Direct: 213-626-8484
[COR LD NTC Retained]
Richards, Watson & Gershon
40th Floor
355 South Grand Avenue
Los Angeles, CA 90071-3101
GOVERNORS, STATES OF TEXAS, LOUISIANA, MAINE, MISSISSIPPI, OKLAHOMA, AND SOUTH DAKOTA
Amicus Curiae,
Andrew Stephen Oldham, Deputy General Counsel
Direct: 512-463-1788
[COR LD NTC Retained]
Office of the General Counsel
1100 San Jacinto Blvd
Austin, TX 78711
STATE OF ALABAMA, ALASKA, ARKANSAS, FLORIDA, IDAHO, KANSAS, KENTUCKY, LOUISIANA, MICHIGAN, MISSOURI, MONTANA, NEVADA, NORTH DAKOTA, OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, TEXAS, UTAH, WEST VIRGINIA, and WISCONSIN
Amicus Curiae,
Andrew Lynn Brasher, Solicitor
Direct: 334-353-2609
[COR LD NTC Dep State Aty Gen]
Office of Attorney General
501 Washington Avenue
Montgomery, AL 36130
GUN OWNERS OF AMERICA, INC., GUN OWNERS FOUNDATION, U.S. JUSTICE FOUNDATION, LINCOLN INSTITUTE FOR RESEARCH AND EDUCATION, ABRAHAM LINCOLN FOUNDATION FOR PUBLIC POLICY RESEARCH, INC., POLICY ANALYSIS CENTER, INSTITUTE ON THE CONSTITUTION, and CONSERVATIVE LEGAL DEFENSE AND EDUCATIONFUND
Amicus Curiae,
Herbert W. Titus, Esquire
[COR LD NTC Retained]
William J. Olson, P.C.
370 Maple Ave. W
Suite 4
Vienna, VA 22180-5615
EVERYTOWN FOR GUN SAFETY
Amicus Curiae,
Deepak Gupta
Direct: 202-888-1741
[COR LD NTC Retained]
Gupta Wessler PLLC
1735 20th Street, NW
Washington, DC 20009
LAW ENFORCEMENT LEGAL DEFENSE FUND
Amicus Curiae,
Dan M. Peterson, Attorney
[COR LD NTC Retained]
(see above)
LAW ENFORCEMENT ACTION NETWORK
Amicus Curiae,
Dan M. Peterson, Attorney
[COR LD NTC Retained]
(see above)
NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS, COMMONWEALTH SECOND AMENDMENT, GUN OWNERS’ ACTION LEAGUE, and MARYLAND STATE RIFLE AND PISTOL ASSOCIATION
Amicus Curiae,
David D. Jensen
Direct: 212-380-6615
[COR LD NTC Retained]
David Jensen PLLC
Suite # 420
111 John Street
New York, NY 10038
WESTERN STATES SHERIFFS’ ASSOCIATION, SHERIFF ADAM CHRISTIANSON, SHERIFF JON LOPEY, SHERIFF MARGARET MIMS, SHERIFF TOM BOSENKO, DAVID HENCRATT, SHERIFF STEVEN DURFOR, SHERIFF THOMAS ALLMAN, SHERIFF DAVID ROBINSON, SHERIFF SCOTT JONES, SHERIFF BRUCE HANEY, SHERIFF JOHN D’AGOSTINI, and RETIREDSHERIFF LARRY JONES
Amicus Curiae,
Jonathan S. Goldstein
Direct: 610-727-4191
[COR LD NTC Retained]
McNelly & Goldstein LLC
11 Church Road
Hatfield, PA 19440
THE MADISON SOCIETY, INC.
Amicus Curiae,
Brandon M. Kilian
Direct: 209-404-5135
[COR LD NTC Retained]
P.O. BOX 160
La Grange, CA 95329
MICHAEL JOHN VOGLER
Amicus Curiae,
Michael John Vogler
Direct: 626-375-5843
[NTC Pro Se]
Vogler Law Offices
520 California Terrace
Pasadena, CA 91105

EDWARD PERUTA; MICHELLE LAXSON; JAMES DODD; LESLIE BUNCHER, Dr.; MARK CLEARY; CALIFORNIA RIFLE AND PISTOL ASSOCIATION FOUNDATION,

Plaintiffs – Appellants,

v.

COUNTY OF SAN DIEGO; WILLIAM D. GORE, individually and in his capacity as Sheriff,

Defendants – Appellees,

STATE OF CALIFORNIA,

Intervenor

12/16/2010  1 Added attorney Paul Neuharth Jr. for California Rifle and Pistol Association Foundation Edward Peruta Mark Cleary Leslie Buncher Michelle Laxson James Dodd, in case 10-56971. [7582396] (GR) [Entered: 12/16/2010 08:11 AM]
12/16/2010  2 
15 pg, 688.23 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/23/2010. Transcript ordered by 01/13/2011. Transcript due 02/14/2011. Appellant Leslie Buncher, Appellant California Rifle and Pistol Association Foundation, Appellant Mark Cleary, Appellant James Dodd, Appellant Michelle Laxson and Appellant Edward Peruta opening brief due 03/24/2011. Appellee County of San Diego and Appellee William D. Gore answering brief due 04/25/2011. Appellant’s optional reply brief is due 14 days after service of the answering brief. [7582398] (GR) [Entered: 12/16/2010 08:13 AM]
12/16/2010  3 
3 pg, 46.84 KB
Filed representation notice [7582404] (GR) [Entered: 12/16/2010 08:28 AM]
12/17/2010  4 
3 pg, 44.04 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Mediation Questionnaire. Date of service: 12/17/2010. [7584873] (Michel, Carl) [Entered: 12/17/2010 02:04 PM]
01/03/2011  5 
5 pg, 50.71 KB
Filed order MEDIATION (EPM): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on January 31, 2011, at 2:00 p.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. [7597952] (WL) [Entered: 01/03/2011 03:08 PM]
01/04/2011  6 Mail returned on 12/23/2010 addressed to Paul Neuharth, Jr. for Edward Peruta, Michelle Laxson, James Dodd, Leslie Buncher, Mark Cleary and California Rifle and Pistol Association Foundation, re: 12/16/10 Time Schedule Order. Resending to: 1140 Union Street, Suite 102 San Diego, CA 92101. [7599036] (RL) [Entered: 01/04/2011 11:24 AM]
01/12/2011  7 Mail returned on 01/12/2011 addressed to Paul Neuharth, Jr. for Edward Peruta, Michelle Laxson, James Dodd, Leslie Buncher, Mark Cleary and California Rifle and Pistol Association Foundation, re: 01/03/11 Order Setting assessment Conference. Resending to: PAUL NEUHARTH, JR 1140 Union Street, Suite 102 San Diego, CA 92101. [7609639] (RL) [Entered: 01/12/2011 01:21 PM]
01/31/2011  8 
1 pg, 22.88 KB
Filed order MEDIATION (PWS): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. [7630833] (SM) [Entered: 01/31/2011 03:31 PM]
03/03/2011  9 
15 pg, 389.74 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Unopposed Motion to extend time to file Opening brief until 05/23/2011. Date of service: 03/03/2011. [7667356] (Michel, Carl) [Entered: 03/03/2011 02:52 PM]
03/07/2011  10 
1 pg, 23.48 KB
Filed clerk order (Deputy Clerk:AMT): Appellants’ unopposed motion for a 60-day extension of time to file the opening brief is granted. The opening brief is due May 23, 2011. The answering brief is due July 22, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7670207] (SM) [Entered: 03/07/2011 09:57 AM]
04/21/2011  11 
7 pg, 415.66 KB
Received non party letter dated 04/19/2011 from attorney Allan J. Mayer re: This letter is written as a Friend of the Court. It is a suggestion to Aid this Court. [7727030] (RL) [Entered: 04/22/2011 02:47 PM]
04/25/2011  12 
30 pg, 1.89 MB
Filed non party request from attorney Allan J. Mayer to file amicus brief. Dated April 21, 2011. [7730593] (RL) [Entered: 04/26/2011 01:43 PM]
05/23/2011  13 
143 pg, 1.96 MB
Submitted (ECF) Opening brief for review. Submitted by Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta. Date of service: 05/23/2011. [7761939] (Michel, Carl) [Entered: 05/23/2011 11:47 PM]
05/24/2011  14 
1 pg, 80.92 KB
Filed clerk order: The opening brief [13] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7762378] (SLH) [Entered: 05/24/2011 10:33 AM]
05/24/2011  15 
24 pg, 909.06 KB
Received Appellants’ notice of filing under seal sections of excerpts of record, volumes 6-8, pursuant to protective orders (attached). [7763342] (LA) [Entered: 05/24/2011 03:55 PM]
05/24/2011  16 Filed Appellants’ excerpts of record in 8 volumes (Vols. 6-8 FILED UNDER SEAL). Served on 05/23/2011. [7763345] (LA) [Entered: 05/24/2011 03:56 PM]
05/25/2011  17 
42 pg, 6.14 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by CONGRESS OF RACIAL EQUALITY, INC.. Date of service: 05/25/2011. [7763613]–[COURT UPDATE: Attached corrected brief (cover). Resent NDA. 05/25/2011 by RY] (Halbrook, Stephen) [Entered: 05/25/2011 07:06 AM]
05/25/2011  18 Entered appearance of Amicus Curiae Congress of Racial Equality. [7764840] (LA) [Entered: 05/25/2011 03:30 PM]
05/25/2011  19 
2 pg, 81.67 KB
Filed clerk order: The amicus brief [17] submitted by Congress of Racial Equality is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7764842] (LA) [Entered: 05/25/2011 03:31 PM]
05/27/2011  20 
33 pg, 295.2 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Rifle Association of America, Inc.. Date of service: 05/27/2011. [7767051] (Clement, Paul) [Entered: 05/27/2011 12:16 PM]
05/27/2011  21 Received 7 paper copies of Opening brief [13] filed by Appellants. [7767195] (SD) [Entered: 05/27/2011 01:57 PM]
05/27/2011  22 Entered appearance of Amicus Curiae NRA. [7767334] (LA) [Entered: 05/27/2011 02:37 PM]
05/27/2011  23 
2 pg, 81.24 KB
Filed clerk order: The amicus brief [20] submitted by NRA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7767335] (LA) [Entered: 05/27/2011 02:37 PM]
05/30/2011  24 
37 pg, 324.11 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Law Enforcement Educators and Trainers Association. Independence Institute. Date of service: 05/30/2011. [7767759] (Kopel, David) [Entered: 05/30/2011 05:03 PM]
05/31/2011  25 
4 pg, 40.12 KB
Filed (ECF) Errata to Amicus Brief ([20] Brief Submitted for Review (ECF Filing) ). Filed by Amicus Curiae NRA. Date of service: 05/31/2011. [7768097] (Clement, Paul) [Entered: 05/31/2011 10:14 AM]
05/31/2011  26 Entered appearance of Amici Curiae ILEETA and Independence Institute. [7768222] (LA) [Entered: 05/31/2011 10:46 AM]
05/31/2011  27 
2 pg, 81.31 KB
Filed clerk order: The amicus brief [24] submitted by Independence Institute and ILEETA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7768224] (LA) [Entered: 05/31/2011 10:47 AM]
05/31/2011  28 
32 pg, 181.83 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Second Amendment Foundation, Inc., Calguns Foundation, Inc., Adam Richards, and Brett Stewart. Date of service: 05/31/2011. [7768686] (Gura, Alan) [Entered: 05/31/2011 02:01 PM]
05/31/2011  29 Entered appearance of Amici Curiae Second Amendment Foundation, Inc., Calguns Foundation, Inc., Adam Richards and Brett Stewart. [7768971] (LA) [Entered: 05/31/2011 03:11 PM]
05/31/2011  30 
2 pg, 81.29 KB
Filed clerk order: The amicus brief [28] submitted by Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation, Inc. and Brett Stewart is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7768976] (LA) [Entered: 05/31/2011 03:12 PM]
05/31/2011  31 Received 7 paper copies of Amicus brief [17] filed by Congress of Racial Equality. [7769002] (SD) [Entered: 05/31/2011 03:17 PM]
05/31/2011  32 
19 pg, 59.95 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Center for Constitutional Jurisprudence; Doctors for Responsible Gun Ownership; Law Enforcement Alliance of America. Date of service: 05/31/2011. [7769312] (Eastman, John) [Entered: 05/31/2011 05:03 PM]
05/31/2011  33 
122 pg, 2.37 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Gun Owners of California and Senator H. L. Richardson (Ret.). Date of service: 05/31/2011. [7769386] (Kates, Don) [Entered: 05/31/2011 07:53 PM]
06/01/2011  34 Entered appearance of Amici Curiae Center For Constitutional Jurisprudence, DRGO, LEAA, Gun Owners of California and Senator H. L. Richardson (Retired). [7769701] (LA) [Entered: 06/01/2011 09:43 AM]
06/01/2011  35 
2 pg, 81.6 KB
Filed clerk order: The amicus brief [32] submitted by Center For Constitutional Jurisprudence, DRGO and LEAA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7769706] (LA) [Entered: 06/01/2011 09:44 AM]
06/01/2011  36 
2 pg, 81.57 KB
Filed clerk order: The amicus brief [33] submitted by Senator H. L. Richardson (Retired) and Gun Owners of California is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7769709] (LA) [Entered: 06/01/2011 09:46 AM]
06/02/2011  37 
5 pg, 52.85 KB
Filed (ECF) Errata to Amicus Brief ([33] Brief Submitted for Review (ECF Filing) ). Filed by Amici Curiae H. L. Richardson and The Gun Owners of California. Date of service: 06/02/2011. [7771543] (Kates, Don) [Entered: 06/02/2011 02:48 PM]
06/02/2011  38 Received 7 paper copies of Amicus brief [33] filed by H. L. Richardson and The Gun Owners of California. [7772511] (SD) [Entered: 06/03/2011 10:04 AM]
06/03/2011  39 Received 7 paper copies of Amicus brief [24] filed by Independence Institute and ILEETA. [7773729] (SD) [Entered: 06/03/2011 03:06 PM]
06/03/2011  40 Received 7 paper copies of Amicus brief [28] filed by Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation, Inc. and Brett Stewart. [7773893] (SD) [Entered: 06/03/2011 03:36 PM]
06/03/2011  41 Received 7 paper copies of Amicus brief [20] filed by NRA. [7773924] (SD) [Entered: 06/03/2011 03:39 PM]
06/06/2011  42 
4 pg, 72.25 KB
Filed (ECF) Errata to Opening Brief ([13] Brief Submitted for Review (ECF Filing) ). Filed by Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta. Date of service: 06/06/2011. [7775088]–[COURT UPDATE: Attached corrected cover page. Resent NDA. 06/06/2011 by RY] (Michel, Carl) [Entered: 06/06/2011 12:15 PM]
06/07/2011  43 Received 7 paper copies of Amicus brief [32] filed by Center For Constitutional Jurisprudence, DRGO and LEAA. [7776750] (SD) [Entered: 06/07/2011 11:53 AM]
06/08/2011  44 
19 pg, 108.86 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Motion for miscellaneous relief [Appellants’ Opposition to Richards v. Prieto Appellants Motion to Align Oral Argument With Relate Case, Filed In Case No. 11-16255]. Date of service: 06/08/2011. [7778889] (Michel, Carl) [Entered: 06/08/2011 03:59 PM]
06/17/2011  45 
1 pg, 22.42 KB
Filed order MEDIATION (PWS): The briefing schedule previously set by the court is reset as follows: appellees shall file an answering brief on or before August 12, 2011; appellants may file an optional reply brief on or before September 6, 2011. [7789330] (SM) [Entered: 06/17/2011 10:58 AM]
06/20/2011  46 
2 pg, 24.75 KB
Filed clerk order (Deputy Clerk: GSS): Appellants Adam Richards, et al.’s opposed motion to align No. 10-56971 and 11-16255 for oral argument is denied. However, these cases shall be calendared before the same panel if practicable. The briefing schedule established on March 7, 2011 shall remain in effect for No. 10-56971. The briefing schedule established on May 19, 2011 shall remain in effect for No. 11-16255. [7790569] [10-56971, 11-16255] (SM) [Entered: 06/20/2011 09:06 AM]
07/08/2011  47 
63 pg, 578.43 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 07/08/2011. [7813793] (Michel, Carl) [Entered: 07/08/2011 04:56 PM]
08/12/2011  48 
36 pg, 105.45 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brady Center To Prevent Gun Violence, The International Brotherhood of Police Officers, and The Police Foundation. Date of service: 08/12/2011. [7856018] (O’Hanlon, Neil) [Entered: 08/12/2011 01:33 PM]
08/12/2011  49 
51 pg, 482.29 KB
Submitted (ECF) Answering brief for review. Submitted by Appellee William D. Gore. Date of service: 08/12/2011. [7856366] (Chapin, James) [Entered: 08/12/2011 02:48 PM]
08/12/2011  50 Entered appearance of Amici Curiae Brady Center to Prevent Gun Violence, International Brotherhood of Police Officers and Police Foundation. [7856538] (LA) [Entered: 08/12/2011 03:35 PM]
08/12/2011  51 
2 pg, 81.88 KB
Filed clerk order: The amicus brief [48] submitted by Brady Center to Prevent Gun Violence, International Brotherhood of Police Officers and Police Foundation is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7856541] (LA) [Entered: 08/12/2011 03:36 PM]
08/12/2011  52 
1 pg, 80.67 KB
Filed clerk order: The answering brief [49] submitted by County of San Diego and William D. Gore is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7856692] (SLH) [Entered: 08/12/2011 04:41 PM]
08/16/2011  53 Received 7 paper copies of Answering brief [49] filed by County of San Diego and William D. Gore. [7860106] (SD) [Entered: 08/16/2011 02:49 PM]
08/18/2011  54 Received 7 paper copies of Amicus brief [48] filed by Brady Center to Prevent Gun Violence, International Brotherhood of Police Officers and Police Foundation. [7863236] (SD) [Entered: 08/18/2011 02:40 PM]
08/19/2011  55 COURT DELETED INCORRECT ENTRY: Correct Entry [59]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California State Sheriff’s Association; California Police Chiefs Association and California Peace Officer’s Association. Date of service: 08/19/2011. [7863959] (Coble, Paul) [Entered: 08/19/2011 09:30 AM]
08/19/2011  56 
44 pg, 240.01 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Legal Community Against Violence, Major Cities Chiefs Association, Association of Prosecuting Attorneys, and San Francisco District Attorney George Gascon. Date of service: 08/19/2011. [7865007] (Frankel, Simon) [Entered: 08/19/2011 04:32 PM]
08/23/2011  57 Entered appearance of 1) Amici Curiae: Legal Community Against Violence, Major Cities Chiefs Association, Association of Prosecuting Attorneys and George Gascon; 2) Amici Curiae – Pending: California State Sheriff’s Association, California Police Chiefs Association and California Peace Officers Association. [7868186] (LA) [Entered: 08/23/2011 04:13 PM]
08/23/2011  58 
2 pg, 82.25 KB
Filed clerk order: The amicus brief [56] submitted by Association of Prosecuting Attorneys, George Gascon, Legal Community Against Violence and Major Cities Chiefs Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7868191] (LA) [Entered: 08/23/2011 04:16 PM]
08/24/2011  59 
14 pg, 602.4 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The California State sheriff’s Association; The California Police Chiefs Association; California Peace Officers Association. Date of service: 08/24/2011. [7868845] (Coble, Paul) [Entered: 08/24/2011 11:05 AM]
08/24/2011  60 Received 7 paper copies of Amicus brief [56] filed by Association of Prosecuting Attorneys, et al. [7870195] (SD) [Entered: 08/25/2011 08:53 AM]
08/29/2011  61 
1 pg, 24.48 KB
Filed clerk order (Deputy Clerk: AMT): The motion of the California State Sherriff’s Association (“CSSA”), the California Police Chiefs Associations (“CPCA”), and the California Peace Officers Association (“CPOA”) (collectively “Applicants”) for leave to file an amicus brief is granted. Within seven days of the filing of this order, Applicants are ordered to file seven copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Any further motion to file amicus curiae briefs shall be treated in the same fashion. [7874649] (WL) [Entered: 08/29/2011 01:20 PM]
08/29/2011  62 
1 pg, 24.68 KB
Filed clerk order (Deputy Clerk: AMT): This order amends the August 29, 2011 order of the court. The motion of the California State Sherriff’s Association (“CSSA”), the California Police Chiefs Associations (“CPCA”), and the California Peace Officers Association (“CPOA”) (collectively “Applicants”) for leave to file an amicus brief, the proposed amicus brief, and any other related filings are referred to the merits panel for consideration. Within seven days of the filing of this order, Applicants are ordered to file seven copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Any further motion to file amicus curiae briefs shall be treated in the same fashion. [7875263] (WL) [Entered: 08/29/2011 03:56 PM]
08/30/2011  63 
3 pg, 121.39 KB
Filed (ECF) Amici Curiae – Pending California Peace Officers Association, California Police Chiefs Association and California State Sheriff’s Association corporate disclosure statement. Date of service: 08/30/2011. [7875552]–[COURT UPDATE: Replaced PDF of corporate disclosure statement (searchable). Resent NDA. 08/30/2011 by TW] (Coble, Paul) [Entered: 08/30/2011 09:11 AM]
08/30/2011  64 COURT DELETED DUPLICATE ENTRY. Correct Entry: [63]. Original Text: Filed (ECF) Amici Curiae – Pending California Peace Officers Association, California Police Chiefs Association and California State Sheriff’s Association corporate disclosure statement. Date of service: 08/30/2011. [7875593] (Coble, Paul) [Entered: 08/30/2011 09:23 AM]
09/01/2011  65 Received 7 paper copies of Amicus brief [59] filed by California Peace Officers Association, California Police Chiefs Association and California State Sheriff’s Association. [7880655] (DB) [Entered: 09/02/2011 11:00 AM]
09/06/2011  66 
41 pg, 176.57 KB
Submitted (ECF) Reply brief for review. Submitted by Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta. Date of service: 09/06/2011. [7883641] (Michel, Carl) [Entered: 09/06/2011 10:11 PM]
09/07/2011  67 
1 pg, 80.67 KB
Filed clerk order: The reply brief [66] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7884675] (RH) [Entered: 09/07/2011 02:15 PM]
09/09/2011  68 Received 7 paper copies of Reply brief [66] filed by appellants. [7888429] (SD) [Entered: 09/09/2011 03:45 PM]
10/19/2011  69 
2 pg, 109.68 KB
Filed (ECF) Appellant Edward Peruta Correspondence: Letter regarding Second Notice of Appearance. Date of service: 10/19/2011 [7934900] (Clement, Paul) [Entered: 10/19/2011 03:06 PM]
10/19/2011  70 Added attorney Paul D. Clement for California Rifle and Pistol Association Foundation Edward Peruta Mark Cleary Leslie Buncher Michelle Laxson James Dodd. [7934937] (RL) [Entered: 10/19/2011 03:12 PM]
10/20/2011  71 
2 pg, 93.3 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 10/20/2011. [7935787] (Clement, Paul) [Entered: 10/20/2011 10:56 AM]
10/24/2011  72 
18 pg, 138.05 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 10/24/2011. [7939320] (Michel, Carl) [Entered: 10/24/2011 12:19 PM]
10/27/2011  73 
3 pg, 61.64 KB
Filed (ECF) Appellee William D. Gore citation of supplemental authorities. Date of service: 10/27/2011. [7944202] (Chapin, James) [Entered: 10/27/2011 08:18 AM]
11/02/2011  74 
3 pg, 203.26 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 11/02/2011. [7951964] (Michel, Carl) [Entered: 11/02/2011 03:22 PM]
11/07/2011  75 
15 pg, 267.97 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 11/07/2011. [7957471] (Michel, Carl) [Entered: 11/07/2011 04:21 PM]
12/16/2011  76 
5 pg, 248.33 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 12/16/2011. [8004194] (Michel, Carl) [Entered: 12/16/2011 04:39 PM]
12/20/2011  77 
2 pg, 29.21 KB
Filed clerk order (Deputy Clerk: HL): The court stays proceedings in this appeal pending this court’s en banc decision in Nordyke v. King, No. 07-15763, 2011 WL 5928130 (9th Cir. Nov. 28, 2011) (granting rehearing en banc). [8006308] (SM) [Entered: 12/20/2011 10:36 AM]
01/03/2012  78 
20 pg, 146.39 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta motion for reconsideration of non-dispositive Clerk Order of 12/20/2011. Date of service: 01/03/2012. [8018028] (Michel, Carl) [Entered: 01/03/2012 04:30 PM]
01/24/2012  79 
1 pg, 28.06 KB
Filed order (Appellate Commissioner) The en banc decision in Nordyke v. King, No. 07-15763 may contain legal analysis that would assist in the resolution of this appeal. Accordingly, appellants’ motion for reconsideration of the December 20, 2011 order staying this appeal pending the en banc decision in Nordyke is denied. (Appellate Commissioner) [8043254] (SM) [Entered: 01/24/2012 03:48 PM]
03/07/2012  80 
11 pg, 579.03 KB
Received letter dated 03/05/2012 from non-party attorney Allan J. Mayer re: This letter is written as a friend ofthe court. It is a suggestion to aid this court by the use of empirical statistical analysis as relevant to resolving 2nd Amendment issues. [8096406] (RL) [Entered: 03/08/2012 03:18 PM]
03/08/2012  81 
14 pg, 296.29 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 03/08/2012. [8096637] (Michel, Carl) [Entered: 03/08/2012 04:23 PM]
03/09/2012  82 
14 pg, 305.17 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 03/09/2012. [8098546] (Michel, Carl) [Entered: 03/09/2012 05:17 PM]
04/19/2012  83 
21 pg, 905.29 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 04/19/2012. [8146967] (Michel, Carl) [Entered: 04/19/2012 05:19 PM]
05/18/2012  84 
21 pg, 163.06 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Motion to lift stay. Date of service: 05/18/2012. [8184252] (Michel, Carl) [Entered: 05/18/2012 03:41 PM]
05/22/2012  85 
4 pg, 29.84 KB
Filed (ECF) Appellee William D. Gore response opposing motion (,motion to lift stay). Date of service: 05/22/2012. [8186780] (Chapin, James) [Entered: 05/22/2012 11:14 AM]
05/25/2012  86 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [87]. Original Text: Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Motion to lift stay. Date of service: 05/25/2012. [8191708] (Michel, Carl) [Entered: 05/25/2012 10:32 AM]
05/25/2012  87 
6 pg, 75.1 KB
COURT-ENTERED FILING (to replace [86] with correct filing type). Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta reply to response (motion to lift stay). Date of service: 05/25/2012. [8192084] (ASW) [Entered: 05/25/2012 12:16 PM]
06/01/2012  88 
18 pg, 408.4 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 06/01/2012. [8199885] (Michel, Carl) [Entered: 06/01/2012 04:56 PM]
06/19/2012  89 
1 pg, 23.27 KB
Filed clerk order (Deputy Clerk: GS): The appellants’ motion to lift the stay of appellate proceedings in No. 11- 16255 is granted. The stay of appellate proceedings is lifted in No. 11-16255. [8220426] [10-56971, 11-16255] (SM) [Entered: 06/19/2012 03:32 PM]
06/25/2012  90 
1 pg, 22.82 KB
Filed clerk order (Deputy Clerk: SM) Appellants’ motion for relief from stay is granted. The stay of appellate proceedings is lifted in this docket. Briefing is complete. This appeal is ready for calendaring. [8226655] (SM) [Entered: 06/25/2012 01:35 PM]
07/10/2012  91 
22 pg, 128.23 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Correspondence: Appellants’ Notice of Additional Related Cases and Status Thereof. Date of service: 07/10/2012 [8244725]–[COURT UPDATE: Attached corrected notice. Resent NDA. 07/12/2012 by RY] (Michel, Carl) [Entered: 07/10/2012 04:37 PM]
07/10/2012  92 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [91]. Original Text: Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Correspondence: Notice of Errata to Appellants’ Notice of Additional Related Cases and Status Thereof. Date of service: 07/10/2012 [8244821] (Michel, Carl) [Entered: 07/10/2012 05:17 PM]
09/14/2012  93 
7 pg, 109.59 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Motion for miscellaneous relief [Motion For Clarification & Coordination of Appeals In Related Cases]. Date of service: 09/14/2012. [8325030] (Michel, Carl) [Entered: 09/14/2012 04:52 PM]
09/24/2012  94 
2 pg, 26.41 KB
Filed clerk order (Deputy Clerk: SM): Pursuant to the Motion for Clarification & Coordination of Appeals in Related Cases filed by Appellants in 10-56971, it is hereby ORDERED that arguments in 10-56971, 11-16255, and 12-16258 will be scheduled to be heard by the same panel on the same day. The date and time of the arguments will be determined in due course by subsequent order. [8335002] [10-56971, 11-16255, 12-16258] (SM) [Entered: 09/24/2012 02:41 PM]
10/09/2012  95 
10 pg, 449.97 KB
Notice of Oral Argument on Thursday, December 6, 2012 – 9:00 AM – Courtroom 1, 3rd Floor – James R. Browning US Courthouse – San Francisco, CA. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8352267] (RB) [Entered: 10/09/2012 12:52 PM]
10/09/2012  96 
2 pg, 80.13 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney James Chapin, Esquire for Appellees William D. Gore and County of San Diego. [8352408] (Chapin, James) [Entered: 10/09/2012 01:27 PM]
10/09/2012  97 
13 pg, 350.62 KB
Filed clerk order (Deputy Clerk: HL): These appeals have been assigned to the same panel because they involve issues regarding the Second Amendment. The cases are not consolidated for oral argument. Counsel may wish to confer in order to enhance oral argument. The Clerk shall serve a copy of the court’s service list for each case on all parties. [8353131] [10-56971, 11-16255, 12-16258] (SM) [Entered: 10/09/2012 04:36 PM]
10/10/2012  98 
10 pg, 144.83 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Paul D. Clement for Amicus Curiae NRA and Appellants Edward Peruta, Michelle Laxson, James Dodd, Leslie Buncher, Mark Cleary and California Rifle and Pistol Association Foundation. [8353541] (Clement, Paul) [Entered: 10/10/2012 09:09 AM]
10/11/2012  99 COURT DELETED INCORRECT ENTRY per request from filer (co-counsel for appellant already filed acknowledgement of hearing notice [98]. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Paul Henry Neuharth, Jr. for Appellants Edward Peruta, Michelle Laxson, James Dodd, Leslie Buncher, Mark Cleary and California Rifle and Pistol Association Foundation. [8357338] (Neuharth, Paul) [Entered: 10/11/2012 04:47 PM]
10/17/2012  100 
1 pg, 56.47 KB
Filed Appellees County of San Diego and William D. Gore additional citations. Served on 10/15/2012. (panel) [8365457] (RL) [Entered: 10/17/2012 03:49 PM]
11/07/2012  101 
17 pg, 325.43 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 11/07/2012. [8392999] (Michel, Carl) [Entered: 11/07/2012 04:56 PM]
11/29/2012  102 
1 pg, 27.16 KB
Filed clerk order (Deputy Clerk: SM): At oral argument, the parties should be prepared to discuss the significance, if any, of the absence of the State of California in this appeal. See 28 U.S.C. § 2403; Fed. R. Civ. P. 5.1. [8419330] (SM) [Entered: 11/29/2012 10:13 AM]
11/30/2012  103 Entered appearance of Amicus Curiae Allen J. Mayer. [8421778] (WWP) [Entered: 11/30/2012 03:16 PM]
11/30/2012  104 
10 pg, 521.68 KB
Received original and 7 copies of Amicus Curiae Allen J. Mayer brief in 4 pages. Served on: 04/02/2012. Major deficiencies:motion required to file an amicus brief. [8421821] (WWP) [Entered: 11/30/2012 03:24 PM]
12/03/2012  105 
2 pg, 74.31 KB
Filed Appellees County of San Diego and William D. Gore additional citations. Served on 11/29/2012. (panel) [8423646] (RL) [Entered: 12/03/2012 04:40 PM]
12/05/2012  106 
3 pg, 273.91 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 12/05/2012. [8426271] (Clement, Paul) [Entered: 12/05/2012 11:23 AM]
12/06/2012  107 ARGUED AND SUBMITTED TO DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN. [8428091] (RB) [Entered: 12/06/2012 12:02 PM]
12/11/2012  108 
3 pg, 163.51 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 12/11/2012. [8434734] (Clement, Paul) [Entered: 12/11/2012 04:35 PM]
03/29/2013  109 
1 pg, 56.33 KB
Filed Appellees additional citations. no proof of service. (panel) [8571766] (JFF) [Entered: 04/01/2013 11:09 AM]
04/30/2013  110 
11 pg, 836.09 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 04/30/2013. [8610109]–[COURT UPDATE: Replaced PDF (to include COS), resent notice. 05/01/2013 by ASW] (Clement, Paul) [Entered: 04/30/2013 01:40 PM]
09/13/2013  111 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [112]. Original Text: Filed (ECF) Appellants California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 09/13/2013. [8781557] (Michel, Carl) [Entered: 09/13/2013 12:17 PM]
09/13/2013  112 
15 pg, 290.02 KB
Filed (ECF) Appellants California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 09/13/2013. [8781590] (Michel, Carl) [Entered: 09/13/2013 12:29 PM]
12/06/2013  113 
60 pg, 595.12 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta citation of supplemental authorities. Date of service: 12/06/2013. [8891788] (Michel, Carl) [Entered: 12/06/2013 10:09 AM]
02/12/2014  114 
1 pg, 32.87 KB
Filed order (DIARMUID F. O’SCANNLAIN)The Motion and Application for Leave to File Amicus Curiae Brief on Behalf of Appellees County of San Diego, et al, filed with this court on August 19, 2011, by the California State Sheriffs Association, the California Police Chiefs Association, and the California Peace Officers Association, is GRANTED. [8977187] (SM) [Entered: 02/12/2014 04:55 PM]
02/12/2014  115 
1 pg, 83.05 KB
Filed clerk order: The amicus brief [59] submitted by California Peace Officers Association, California Police Chiefs Association and California State Sheriff’s Association is filed. No additional paper copies of the brief are required. [8977252] (LA) [Entered: 02/12/2014 05:55 PM]
02/13/2014  116 
132 pg, 884.53 KB
FILED OPINION (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) REVERSED AND REMANDED. Judge: DFO Authoring, Judge: SRT Dissenting, FILED AND ENTERED JUDGMENT. [8977540] (RMM) [Entered: 02/13/2014 09:50 AM]
02/18/2014  117 
3 pg, 43.78 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Correspondence: Correspondence re Counsel Listing in Published Opinion. Date of service: 02/18/2014 [8981119] (Michel, Carl) [Entered: 02/18/2014 11:29 AM]
02/21/2014  118 
2 pg, 60.92 KB
Copy of letter received from Bobie K. Ross for aplt Peruta, response to 2/18/14 letter re counsel listed in opinion. [8989604] (CW) [Entered: 02/24/2014 12:14 PM]
02/26/2014  119 
1 pg, 29.54 KB
Filed (ECF) Appellee William D. Gore Correspondence: Request to correct published opinion.. Date of service: 02/26/2014 [8993802] (Chapin, James) [Entered: 02/26/2014 01:08 PM]
02/26/2014  120 
4 pg, 69.98 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta bill of costs (Form 10) in the amount of $1,280.80 USD. Date of service: 02/26/2014 [8994696] (Michel, Carl) [Entered: 02/26/2014 05:04 PM]
02/27/2014  121 
77 pg, 4.98 MB
Filed (ECF) Amici Curiae California Peace Officers Association and California Police Chiefs Association petition for rehearing en banc (from 02/13/2014 opinion). Date of service: 02/27/2014. [8996109]–[COURT UPDATE: Attached searchable version of petition. Resent NDA. 02/27/2014 by RY] (Coble, Paul) [Entered: 02/27/2014 02:37 PM]
02/27/2014  122 
184 pg, 1.26 MB
Filed (ECF) State of California Petition for panel rehearing and petition for rehearing en banc, Motion to extend time to file petition for rehearing, Motion to stay the mandate, and Motion to intervene. Date of service: 02/27/2014. [8996638]–[COURT UPDATE: Removed Application for Exemption under 9th Cir. R. 46-5 (counsel notified must be refiled separately via Appellate ECF). Edited docket text to reflect content of filing. Resent NDA. 02/28/2014 by RY] (Brown, Gregory) [Entered: 02/27/2014 04:41 PM]
02/27/2014  123 
191 pg, 33.03 MB
Filed (ECF) Brady Center to Prevent Gun Violence Motion to intervene. Date of service: 02/27/2014. [8996736]–[COURT UPDATE: Edited docket text to reflect content of filing (motion only, no brief). 04/02/2015 by RY] (O’Hanlon, Neil) [Entered: 02/27/2014 06:49 PM]
02/27/2014  124 COURT DELETED DUPLICATE ENTRY. Resubmitted amicus brief using correct ECF event. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [133]. Original Text: Filed (ECF) Amicus Curiae Legal Community Against Violence petition for rehearing en banc (from 02/13/2014 opinion). Date of service: 02/27/2014. [8996737] (Frankel, Simon) [Entered: 02/27/2014 06:49 PM]
02/27/2014  133 
136 pg, 541.39 KB
Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae Legal Community Against Violence. Date of service: 02/27/2014. [8999469]–[COURT ENTERED FILING to correct entry [124].] (RY) [Entered: 03/03/2014 02:38 PM]
02/28/2014  125 
1 pg, 29.34 KB
Filed (ECF) Amicus Curiae Brady Center to Prevent Gun Violence corporate disclosure statement. Date of service: 02/28/2014. [8997386] (O’Hanlon, Neil) [Entered: 02/28/2014 11:32 AM]
02/28/2014  126 
2 pg, 35.1 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) The Brady Campaign to Prevent Gun Violence’s Motion to Extend Time for Filing a Petition for Rehearing En Banc and Stay the Issuance of the Mandate, and Proposed Intervenor State of California’s Motion to Extend Time to File a Petition for Rehearing En Banc and Stay Issuance of the Mandate, both filed with this Court on February 27, 2014, are GRANTED. Any proposed petitions for rehearing filed with this Court by February 27, 2014 will be considered timely if this Court grants the petitioners’ concurrently filed motions to intervene. This order does not extend the time for filing petitions for rehearing for any petitioner who did not move to intervene by February 27, 2014. Submission with respect to the pending motions to intervene is deferred pending further order of the Court. Issuance of the mandate is stayed pending further order of the Court. [8997978] (WL) [Entered: 02/28/2014 03:22 PM]
02/28/2014  127 Entered appearance of Intervenor – Pending State of California. [8998096] (MT) [Entered: 02/28/2014 03:48 PM]
02/28/2014  128 
2 pg, 411.37 KB
Filed (ECF) notice of appearance of Ross C. Moody for Intervenor – Pending State of California. Date of service: 02/28/2014. [8998239] (Moody, Ross) [Entered: 02/28/2014 04:32 PM]
02/28/2014  129 Added attorney Ross Moody for State of California, in case 10-56971. [8998245] (EL) [Entered: 02/28/2014 04:34 PM]
03/03/2014  130 
2 pg, 13.67 KB
Filed (ECF) notice of appearance of Craig J. Konnoth for Intervenor – Pending State of California. Date of service: 03/03/2014. [8998809] (Brown, Gregory) [Entered: 03/03/2014 10:38 AM]
03/03/2014  131 
7 pg, 148.59 KB
Filed (ECF) Intervenor – Pending State of California Motion for 46-5 exemption. Date of service: 03/03/2014. [8998813] (Brown, Gregory) [Entered: 03/03/2014 10:40 AM]
03/03/2014  132 Added attorney Craig Konnoth for State of California, in case 10-56971. [8999024] (CW) [Entered: 03/03/2014 11:54 AM]
03/05/2014  134 
30 pg, 156.29 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Law Center to Prevent Gun Violence and Marin County Sheriff Robert Doyle. Date of service: 03/05/2014. [9003941] (Frankel, Simon) [Entered: 03/05/2014 04:32 PM]
03/05/2014  135 
2 pg, 40.5 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Each party is each directed to file a response of no more than 6,000 words addressing the pending motions to intervene filed with this Court on February 27, 2014. Each response shall address: 1) Motion to Intervene by the State of California, 2) Motion for Leave to Intervene by the Brady Campaign to Prevent Gun Violence, and 3) Petition for Rehearing En Banc by Amici Curiae California Police Chiefs’ Association and California Peace Officers’ Association insofar as the Petition is a motion to intervene. See p. 2, n.2. The responses shall be filed within 21 days of this order. [9004006] (SM) [Entered: 03/05/2014 04:50 PM]
03/05/2014  136 
1 pg, 32.94 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) The Application for Exemption under Ninth Circuit Rule 46-5, filed by Craig J. Konnoth with this Court on March 3, 2014, is GRANTED. [9004014] (SM) [Entered: 03/05/2014 04:53 PM]
03/06/2014  137 Entered appearance of Amicus Curiae – Pending Law Center to Prevent Gun Violence and Marin County Sheriff Robert Doyle. [9004425] (RL) [Entered: 03/06/2014 09:44 AM]
03/11/2014  138 
7 pg, 66.65 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Unopposed Motion for miscellaneous relief [Appellants’ Unopposed Motion to Extend Deadline for Filing Attorneys’ Fees Request; Declaration of Sean A. Brady In Support Thereof]. Date of service: 03/11/2014. [9011001] (Michel, Carl) [Entered: 03/11/2014 01:10 PM]
03/12/2014  139 
2 pg, 55.03 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Correspondence: Appellants Response to Appellees Counsel Listing in Published Opinion. Date of service: 03/12/2014 [9013284] (Michel, Carl) [Entered: 03/12/2014 03:23 PM]
03/13/2014  140 
3 pg, 94.33 KB
Filed (ECF) Appellee William D. Gore Correspondence: Response re: request to correct published opinion. Date of service: 03/13/2014 [9015117] (Chapin, James) [Entered: 03/13/2014 03:07 PM]
03/14/2014  141 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [141]. Original Text: Filed (ECF) Amicus Curiae – Pending Allan Jerome Mayer response to Party Case , Brief Submitted for Review (ECF Filing) ,Motion (ECF Filing) ,Motion (ECF Filing) motion to become amicus, Notice of Appearance (ECF Filing) , Corporate Disclosure Statement (ECF Filing). Date of service: 03/14/2014. [9016119]. (Mayer, Allan) [Entered: 03/14/2014 11:20 AM]
03/14/2014  142 
6 pg, 1.09 MB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Amicus Curiae – Pending Allan Jerome Mayer. Date of service: 03/14/2014. (COURT-ENTERED Filing to replace incorrect entry by filer [141]). [9017247] (ASW) [Entered: 03/14/2014 04:29 PM]
03/17/2014  143 
10 pg, 31.01 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta response opposing motion (,motion to become amicus). Date of service: 03/17/2014. [9019487] (Michel, Carl) [Entered: 03/17/2014 06:02 PM]
03/20/2014  144 
6 pg, 48.29 KB
Filed (ECF) Amicus Curiae Legal Community Against Violence and Amicus Curiae – Pending Law Center to Prevent Gun Violence and Marin County Sheriff Robert Doyle reply to response (, ). Date of service: 03/20/2014. [9024303] (Frankel, Simon) [Entered: 03/20/2014 01:14 PM]
03/26/2014  145 
30 pg, 61.35 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta response opposing motion (motion to intervene). Date of service: 03/26/2014. [9033121]–[COURT UPDATE: Edited docket text to reflect content of filing. Resent NDA. 03/27/2014 by RY] (Michel, Carl) [Entered: 03/26/2014 10:26 PM]
03/27/2014  146 
1 pg, 33.44 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Appellants’ Unopposed Motion to Extend Deadline for Filing Attorneys’ Fees Request is GRANTED. The deadline is extended until thirty days after the latest of: (1) the denial of all pending motions to intervene, (2) the denial of any properly filed petition for rehearing en banc, or (3) the filing of a disposition by an en banc panel. [9034369] (WL) [Entered: 03/27/2014 02:20 PM]
04/02/2014  147 
16 pg, 272.03 KB
Filed (ECF) Intervenor – Pending State of California reply to response (, ,motion to intervene). Date of service: 04/02/2014. [9042130]–[COURT UPDATE: Attached corrected reply (includes certificate of service). Resent NDA. 04/02/2014 by RY] (Konnoth, Craig) [Entered: 04/02/2014 04:06 PM]
04/02/2014  148 
17 pg, 47.17 KB
Filed (ECF) Amicus Curiae Brady Center to Prevent Gun Violence reply to response (,motion to intervene, ). Date of service: 04/02/2014. [9042383] (O’Hanlon, Neil) [Entered: 04/02/2014 05:59 PM]
04/03/2014  149 
1 pg, 37.46 KB
Filed Appellee William D. Gore letter dated 04/01/2014 re: Client has directed csl to not file anything further on appeal. No response regarding motions to intervene will be filed. Letter was submitted in paper format rather than ECF. PANEL . Paper filing deficiency: None. [9044210] (CW) [Entered: 04/04/2014 08:00 AM]
04/17/2014  150 
2 pg, 108.01 KB
Filed Amicus Curiae – Pending Allan Jerome Mayer letter dated 04/10/2014 re: it is time for the Supreme Court to resolve this 2nd amendment issue. Paper filing deficiency: None. [9062526] (PANEL) (EL) [Entered: 04/17/2014 02:53 PM]
04/28/2014  151 
2 pg, 107.11 KB
Filed Amicus Curiae – Pending Allan Jerome Mayer letter dated 04/10/2014 re: The judicial reasons for submitting opposition(PANEL). Paper filing deficiency: None. [9075848] (JFF) [Entered: 04/29/2014 09:38 AM]
05/01/2014  152 
2 pg, 44.67 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Appellee William D. Gore is ordered to notify this Court in writing within fourteen days of the date of this order of his position on the pending motions to intervene or that he takes no position. Appellee William D. Gore is further ordered to respond within fourteen days of the date of this order to the suggestion that this case is moot. See Opp’n to Pet. for Reh’g En Banc 16, Richards v. Prieto, No. 11-16255 (“Even were Peruta vacated tomorrow, neither this Court nor the state could do anything to keep Gore from printing permits to all otherwise-qualified comers. The Peruta dispute is moot.”). He shall explain any change in his policy that could affect this Court’s jurisdiction over this case. [9078973] (WL) [Entered: 05/01/2014 08:18 AM]
05/14/2014  153 
2 pg, 304.44 KB
Filed (ECF) Appellee William D. Gore response to Court order dated 05/01/2014. Date of service: 05/14/2014. [9095344] (Chapin, James) [Entered: 05/14/2014 01:00 PM]
08/22/2014  154 
2 pg, 34.41 KB
Filed (ECF) Intervenor – Pending State of California Correspondence: Notice of Departure of Craig J. Konnoth from the Department of Justice; Request to Remove Mr. Konnoth from Service List. Date of service: 08/22/2014 [9216673] (Brown, Gregory) [Entered: 08/22/2014 05:43 PM]
08/25/2014  155 Terminated Craig Konnoth for State of California in 10-56971 [9216762] (CW) [Entered: 08/25/2014 07:33 AM]
11/12/2014  156 
20 pg, 119.57 KB
Filed Order for PUBLICATION (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) (Dissent by Judge Thomas) We must rule on motions to intervene in this Second Amendment case which were filed after our opinion and judgment reversing the District Court were filed. (SEE ORDER FOR FULL TEXT) The State of California’s Motion to Intervene is DENIED. The Brady Campaign’s Motion for Leave to Intervene is DENIED. CPCA and CPOA’s Petition for Rehearing En Banc, construed as a motion to intervene, is DENIED. [9308663] (RMM) [Entered: 11/12/2014 06:58 AM]
11/26/2014  157 
64 pg, 480.12 KB
Filed (ECF) Intervenor – Pending State of California petition for panel rehearing and petition for rehearing en banc (from 11/12/2014 opinion). Date of service: 11/26/2014. [9329047] [10-56971] (Brown, Gregory) [Entered: 11/26/2014 04:17 PM]
11/26/2014  158 
8 pg, 24.41 KB
Filed (ECF) Amicus Curiae Brady Campaign to Prevent Gun Violence Motion for miscellaneous relief [Motion to join State of California petition for panel rehearing and petition for rehearing en banc]. Date of service: 11/26/2014. [9329149] [10-56971] –[COURT UPDATE: Updated docket text to reflect content of filing. 11/28/2014 by TL] (Clayton, James) [Entered: 11/26/2014 04:56 PM]
11/26/2014  159 
9 pg, 234.93 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Unopposed Motion to extend time to comply with the order dated 03/27/2014. Date of service: 11/26/2014. [9329171] [10-56971] (Michel, Carl) [Entered: 11/26/2014 05:18 PM]
12/03/2014  160 
1 pg, 33.61 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Plaintiff-Appellants are directed to file a response to Proposed Intervenor- Appellee’s petition for rehearing or rehearing en banc filed with this Court on November 26, 2014. The response shall not exceed thirty-five (35) pages, and shall be filed within twenty-one (21) days of the date of this order. [9334888] (SM) [Entered: 12/03/2014 09:23 AM]
12/03/2014  161 
2 pg, 42.36 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) A judge of this Court having made a sua sponte call for a vote on whether this case should be reheard en banc, the parties shall file, within 21 days from the date of this order, simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc. See G.O. 5.4(c)(3). Amici curiae wishing to file briefs regarding whether this case should be reheard en banc may also do so within 21 days from the date of this order. Parties who are registered for ECF should file the brief electronically without submission of paper copies. Parties who are not registered ECF filers should submit the original brief plus 50 paper copies. [9336038] (SM) [Entered: 12/03/2014 03:47 PM]
12/08/2014  162 
14 pg, 58.98 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Law Center to Prevent Gun Violence. Date of service: 12/08/2014. [9341224] [10-56971] (Frankel, Simon) [Entered: 12/08/2014 04:03 PM]
12/08/2014  164 
10 pg, 389.35 KB
Received original and 3 copies of Amicus Curiae – Pending Allan Jerome Mayer brief in 3 pages. Served on: 12/03/2014. Major deficiencies: previous motion to become amicus pending. [9342842] (TH) [Entered: 12/09/2014 03:16 PM]
12/09/2014  163 
2 pg, 86.3 KB
ENTRY UPDATED. Filed clerk order: The amicus brief [162] submitted by Law Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 20 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9342774] –[Edited 12/09/2014 by TLH to correct number of copies] (TH) [Entered: 12/09/2014 02:59 PM]
12/12/2014  165 Received 20 paper copies of Amicus brief [162] filed by Law Center to Prevent Gun Violence. [9348865] (TH) [Entered: 12/15/2014 10:00 AM]
12/17/2014  166 
26 pg, 806.56 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Sheriff Ed Prieto and County of Yolo. Date of service: 12/17/2014. [9352960] [10-56971] –[COURT UPDATE: Attached corrected brief. 12/18/2014 by TL] (Whitesides, John) [Entered: 12/17/2014 11:49 AM]
12/18/2014  167 
1 pg, 28.64 KB
Filed (ECF) notice of appearance of Kathryn Linde Marshall for Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 12/18/2014. [9354572] [10-56971] (Ali, Kathryn) [Entered: 12/18/2014 10:27 AM]
12/18/2014  168 Added attorney Kathryn Linde Marshall for Brady Center to Prevent Gun Violence, in case 10-56971. [9354584] (JFF) [Entered: 12/18/2014 10:31 AM]
12/18/2014  169 Entered appearance of Amici Curiae Edward G. Prieto and County of Yolo. [9355053] (TH) [Entered: 12/18/2014 01:51 PM]
12/18/2014  170 
1 pg, 83.41 KB
Filed clerk order: The amicus brief [166] submitted by County of Yolo and Sheriff Edward G. Prieto is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9355057] (TH) [Entered: 12/18/2014 01:52 PM]
12/22/2014  171 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [172]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brady Center to Prevent Gun Violence. Date of service: 12/22/2014. [9358313] [10-56971] (Ali, Kathryn) [Entered: 12/22/2014 01:05 PM]
12/22/2014  172 
161 pg, 1.34 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brady Center to Prevent Gun Violence. Date of service: 12/22/2014. [9358350] [10-56971] –[COURT UPDATE: Attached corrected brief. 12/23/2014 by TL] (Ali, Kathryn) [Entered: 12/22/2014 01:12 PM]
12/22/2014  173 
20 pg, 96.58 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California Police Chiefs’ Association and California Peace Officers’ Association. Date of service: 12/22/2014. [9358991] [10-56971] –[COURT UPDATE: Attached corrected brief. 12/23/2014 by TL] (Mayer, Martin) [Entered: 12/22/2014 03:47 PM]
12/22/2014  174 
31 pg, 1.05 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Hawaii. Date of service: 12/22/2014. [9359324] [10-56971] (Lau, Girard) [Entered: 12/22/2014 05:36 PM]
12/23/2014  175 Entered appearance of Amici Curiae State of Hawaii, Brady Center to Prevent Gun Violence, California Police Chiefs’ Association and California Peace Officers’ Association. [9359657] (TH) [Entered: 12/23/2014 09:53 AM]
12/23/2014  176 Terminated Amicus Curiae Brady Center to Prevent Gun Violence in 10-56971 to remove duplicate appearance from docket [9359668] (TH) [Entered: 12/23/2014 09:57 AM]
12/23/2014  177 
1 pg, 82.97 KB
Filed clerk order: The amicus brief [174] submitted by State of Hawaii is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9359680] (TH) [Entered: 12/23/2014 10:01 AM]
12/23/2014  178 
1 pg, 83.52 KB
Filed clerk order: The amicus brief [172] submitted by Brady Center to Prevent Gun Violence is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9359698] (TH) [Entered: 12/23/2014 10:06 AM]
12/23/2014  179 
6 pg, 336.3 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellee William D. Gore. Date of service: 12/23/2014. [9359744] [10-56971] –[COURT UPDATE: Attached corrected brief. 12/23/2014 by TL] (Chapin, James) [Entered: 12/23/2014 10:17 AM]
12/23/2014  180 
1 pg, 83.19 KB
Filed clerk order: The amicus brief [173] submitted by California Peace Officers’ Association and California Police Chiefs’ Association is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9359973] (TH) [Entered: 12/23/2014 11:22 AM]
12/23/2014  181 
26 pg, 198.07 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Law Center to Prevent Gun Violence. Date of service: 12/23/2014. [9360467] [10-56971] (Frankel, Simon) [Entered: 12/23/2014 02:31 PM]
12/23/2014  182 
1 pg, 83.02 KB
Filed clerk order: The supplemental brief [179] submitted by William D. Gore is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9360473] (TH) [Entered: 12/23/2014 02:34 PM]
12/23/2014  183 
1 pg, 83.49 KB
Filed clerk order: The amicus brief [181] submitted by Law Center to Prevent Gun Violence is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9360495] (TH) [Entered: 12/23/2014 02:41 PM]
12/24/2014  184 
22 pg, 404.76 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE FIREARMS POLICY COALITION, INC.; FIREARMS POLICY FOUNDATION, INC.; CALIFORNIA ASSOCIATION OF FEDERAL FIREARMS LICENSEES, INC.; PINK PISTOLS; GUN RIGHTS ACROSS AMERICA; LIBERAL GUN OWNERS ASSOCIATION; MADISON SOCIETY, INC.; HAWAII DEFENSE FOUNDATION; FLORIDA CARRY, INC.; ILLINOIS CARRY; KNIFE RIGHTS FOUNDATION, INC.; AND SECOND AMENDMENT PLAINTIFFS OPPOSING REHEARING EN BANC. Date of service: 12/24/2014. [9361729] [10-56971] (Benbrook, Bradley) [Entered: 12/24/2014 12:02 PM]
12/24/2014  185 Entered appearance of Amicus Curiae Firearms Policy Coalition, Inc., et al. [9361942] (TH) [Entered: 12/24/2014 01:57 PM]
12/24/2014  186 
1 pg, 83.01 KB
Filed clerk order: The amicus brief [184] submitted by Firearms Policy Coalition, Inc., et al. is filed. Pursuant to the order filed on December 3, 2014, no paper copies of the brief are required. [9361947] (TH) [Entered: 12/24/2014 02:00 PM]
12/24/2014  187 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [191]. Original Text: Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Edward Peruta and Michelle Laxson response to Combo PFR Panel and En Banc, Combo PFR Panel and En Banc for panel and en banc rehearing, for panel and en banc rehearing (statistical entry). Date of service: 12/24/2014. [9362366]. [10-56971] (Michel, Carl) [Entered: 12/24/2014 05:17 PM]
12/24/2014  188 
25 pg, 304.29 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Edward Peruta and Michelle Laxson response to Combo PFR Panel and En Banc, Combo PFR Panel and En Banc for panel and en banc rehearing, for panel and en banc rehearing (statistical entry). Date of service: 12/24/2014. [9362396]. [10-56971] –[COURT UPDATE: Updated docket text to reflect content of filing. 12/26/2014 by TL] (Michel, Carl) [Entered: 12/24/2014 06:21 PM]
12/24/2014  189 
26 pg, 155.51 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Adam Richards, Brett Stewart, Second Amendment Foundation, Inc., Calguns Foundation, Inc.. Date of service: 12/24/2014. [9362399] [10-56971] (Gura, Alan) [Entered: 12/24/2014 06:32 PM]
12/24/2014  191 
30 pg, 544.33 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta. Date of service: 12/24/2014. [9362594] –[COURT ENTERED FILING to correct entry [187] .] (TYL) [Entered: 12/26/2014 11:32 AM]
12/26/2014  190 
1 pg, 85.61 KB
Filed clerk order: The amici brief [189] submitted by Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation, Inc. and Brett Stewart is filed. No paper copies required per the Court’s 12/3/14 order. [9362541] (GV) [Entered: 12/26/2014 10:58 AM]
12/26/2014  192 
1 pg, 85.41 KB
Filed clerk order: The supplemental brief [191] submitted by Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta is filed. No paper copies required per the Court’s 12/3/14 order. [9362627] (GV) [Entered: 12/26/2014 11:59 AM]
03/26/2015  193 
1 pg, 45 KB
Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.[9473535] (RMM) [Entered: 03/26/2015 12:53 PM]
03/26/2015  194 
2 pg, 48.88 KB
Filed order (SIDNEY R. THOMAS) En banc oral argument will take place during the week of June 15, 2015, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (415) 355-8026. Within seven days from the date of this order, the parties shall forward to the Clerk of Court twenty-five additional paper copies of the original briefs (including supplemental and amicus briefs) and excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for- Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9473833] (SM) [Entered: 03/26/2015 02:42 PM]
03/30/2015  195 Received 25 paper copies of Answering brief [49] filed by William D. Gore. (for en banc court) [9476926] (TH) [Entered: 03/30/2015 01:45 PM]
03/30/2015  196 Received 25 paper copies of Amicus brief [56] filed by Association of Prosecuting Attorneys, George Gascon, Legal Community Against Violence and Major Cities Chiefs Association. (for en banc court) [9476939] (TH) [Entered: 03/30/2015 01:49 PM]
04/01/2015  197 Received 25 paper copies of Amicus brief [33] filed by H. L. Richardson and The Gun Owners of California. (for en banc court) [9480034] (TH) [Entered: 04/01/2015 10:56 AM]
04/01/2015  198 Received 25 paper copies of Errata to Amicus brief [37] filed by H. L. Richardson and The Gun Owners of California. (for en banc court) [9480052] (TH) [Entered: 04/01/2015 11:02 AM]
04/01/2015  199 Received 25 paper copies of Amicus brief [184] filed by Firearms Policy Coalition, Inc, et al. (for en banc court) [9480255] (TH) [Entered: 04/01/2015 12:09 PM]
04/01/2015  200 
2 pg, 43.78 KB
Filed order (SIDNEY R. THOMAS) These appeals are consolidated for rehearing en banc. [9480674] [10-56971, 11-16255] (SM) [Entered: 04/01/2015 02:38 PM]
04/01/2015  201 Received 25 paper copies of Amicus brief [59] filed by California Peace Officers’ Association, California Police Chiefs’ Association and California Sherrifs’ Association. (sent to en banc court) [9481087]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/01/2015 04:44 PM]
04/02/2015  202 Received 25 paper copies of Amicus brief [32] filed by Center For Constitutional Jurisprudence, DRGO and LEAA. (sent to en banc court) [9481499]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 10:04 AM]
04/02/2015  203 Received 25 paper copies of Amicus brief [48] filed by Brady Center to Prevent Gun Violence, International Brotherhood of Police Officers and Police Foundation. (sent to en banc court) [9481579]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 10:35 AM]
04/02/2015  204 Received 25 paper copies of Amicus brief [17] filed by Congress of Racial Equality. (sent to en banc court) [9481624]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 10:51 AM]
04/02/2015  205 Received 25 paper copies of Amicus brief [24] filed by Independence Institute and ILEETA. (sent to en banc court) [9481647]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 11:00 AM]
04/02/2015  206 Received 25 paper copies of Amicus brief [20] filed by NRA. (sent to en banc court) [9481684]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 11:10 AM]
04/02/2015  207 Received 25 paper copies of Amicus brief [28] filed by Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation, Inc. and Brett Stewart. (sent to en banc court) [9481727]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 11:23 AM]
04/02/2015  208 Ordered electronic copies of appellants excerpts of record. [9481755] (SOS) [Entered: 04/02/2015 11:31 AM]
04/02/2015  209 Received 25 paper copies of Reply brief [66] filed by appellants. (sent to en banc court) [9481765]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 11:32 AM]
04/02/2015  210 Received 25 paper copies of 28(j) letters [47], [71], [72], [75], [82], [83], [101], [106], [108], [110], [112], [113] (bound together in one volume) filed by appellants. (sent to en banc court) [9481831]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 12:09 PM]
04/02/2015  211 Received 25 paper copies of Errata to Opening brief [42] filed by appellants. (sent to en banc court) [9481856]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 12:25 PM]
04/02/2015  212 Received 25 paper copies of Motion to intervene [123] filed by Brady Center to Prevent Gun Violence. (sent to en banc court) [9482133]–[Edited: Unapplied entry from 11-16255 (cases consolidated for rehearing only.) 04/02/2015 by RY] (TH) [Entered: 04/02/2015 02:16 PM]
04/02/2015  213 Received 26 paper copies of Reply to appellants’ opposition to motion to intervene [148] filed by Brady Center to Prevent Gun Violence. (sent to en banc court) [9482170] (TH) [Entered: 04/02/2015 02:27 PM]
04/02/2015  214 Received 25 paper copies of Motion to join State of Caifornia petition for rehearing and petition for rehearing en banc [158], [158] filed by Brady Center to Prevent Gun Violence. (sent to en banc court) [9482213] (TH) [Entered: 04/02/2015 02:36 PM]
04/02/2015  215 Received 25 paper copies of Amicus motion and brief [134], [134], [134] filed by Law Center to Prevent Gun Violence and Robert T. Doyle. (sent to en banc court) [9482260] (TH) [Entered: 04/02/2015 02:51 PM]
04/02/2015  216 Received 25 paper copies of Amicus brief [172] filed by Brady Center to Prevent Gun Violence. (sent to en banc court) [9482302] (TH) [Entered: 04/02/2015 03:00 PM]
04/02/2015  217 Received 25 paper copies of Amicus brief [162] filed by Law Center to Prevent Gun Violence. (sent to en banc court) [9482332] (TH) [Entered: 04/02/2015 03:07 PM]
04/02/2015  218 Received 25 paper copies of Amicus brief [181] filed by Law Center to Prevent Gun Violence. (sent to en banc court) [9482352] (TH) [Entered: 04/02/2015 03:12 PM]
04/02/2015  219 Received 26 paper copies of Motion to intervene [122], [122] filed by State of California. (sent to en banc court) [9482610] (TH) [Entered: 04/02/2015 04:30 PM]
04/02/2015  220 Received 26 paper copies of Reply to appellant’s opposition to motion to intervene [147] filed by State of California. (sent to en banc court) [9482630] (TH) [Entered: 04/02/2015 04:40 PM]
04/03/2015  221 
9 pg, 23.24 KB
Filed (ECF) Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson and Edward Peruta Motion for miscellaneous relief [Clarification on applicable deadline for amicus curiae to file briefs supporting Peruta Appellants]. Date of service: 04/03/2015. [9483124] [10-56971] –[COURT UPDATE: Spread to case 11-16255. 04/03/2015 by TL] (Michel, Carl) [Entered: 04/03/2015 10:27 AM]
04/03/2015  222 Received 25 paper copies of Opening brief [13] filed by appellants. (sent to en banc court) [9483202] (TH) [Entered: 04/03/2015 11:09 AM]
04/06/2015  223 
795 pg, 31.67 MB
Submitted (ECF) excerpts of record. Submitted by Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd and Michelle Laxson in 10-56971. Date of service: 05/24/2011. [9484821] –[COURT UPDATE: Edited docket text to reflect correct party filers (removed Appellant Calguns Foundation, Inc. in 11-16255). Unapplied filing from 11-16255 (filing for 10-56971 only). 04/07/2015 by RY] (Michel, Carl) [Entered: 04/06/2015 11:58 AM]
04/06/2015  224 
2 pg, 45.17 KB
Filed order (SIDNEY R. THOMAS) The motion for clarification is granted. Any amicus briefs, either pertaining to the merits of the case or the denial of the intervention motion, shall be filed within 35 days of the entry of the order granting rehearing en banc. [9485015] [10-56971, 11-16255] (SM) [Entered: 04/06/2015 01:27 PM]
04/07/2015  226 
1 pg, 74.78 KB
Lodged Non-Party Armando Roman letter dated 4/3/15 re: Recent development in case. (casefiles) [9488580] [10-56971, 11-16255] (RL) [Entered: 04/08/2015 02:46 PM]
04/08/2015  225 Received 25 paper copies of excerpts of record [223] in 8 volumes (Volumes 6-8 UNDER SEAL) filed by appellants. (sent to en banc court) [9488520] (TH) [Entered: 04/08/2015 02:25 PM]
04/15/2015  228 
2 pg, 648.61 KB
Filed (ECF) notice of appearance of Stefan B. Tahmassebi for Amicus Curiae Congress of Racial Equality in 10-56971. Date of service: 04/15/2015. [9496613] [10-56971, 11-16255] (Tahmassebi, Stefan) [Entered: 04/15/2015 12:13 PM]
04/15/2015  229 Added attorney Stefan B. Tahmassebi for Congress of Racial Equality.. [9496757] [10-56971, 11-16255] (RL) [Entered: 04/15/2015 01:21 PM]
04/16/2015  230 
40 pg, 699.3 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Hawaii. Date of service: 04/16/2015. [9499228] [10-56971, 11-16255] (Lau, Girard) [Entered: 04/16/2015 09:00 PM]
04/16/2015  232 Entered appearance of Amicus Curiae – Pending Charles Nichols. [9500411] [10-56971, 11-16255] (TH) [Entered: 04/17/2015 03:30 PM]
04/16/2015  233 
9 pg, 334.24 KB
Filed Amicus Curiae – Pending Charles Nichols motion to file amicus brief in support of neither party. Deficiencies: None. Served on 04/15/2015. [9500416] [10-56971, 11-16255] (TH) [Entered: 04/17/2015 03:33 PM]
04/16/2015  234 
22 pg, 830.32 KB
Received original and 17 copies of Amicus Curiae – Pending Charles Nichols amicus brief in 15 pages. Served on: 04/15/2015. Major deficiencies: motion to become amicus pending. (sent to en banc court) [9500477] [10-56971, 11-16255] (TH) [Entered: 04/17/2015 03:51 PM]
04/17/2015  231 
2 pg, 189.36 KB
Filed clerk order: The amicus brief [230] submitted by State of Hawaii is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9499782] [10-56971, 11-16255] (TH) [Entered: 04/17/2015 11:09 AM]
04/20/2015  235 
1 pg, 30.47 KB
Filed order (SIDNEY R. THOMAS) The motion of Charles Nichols for leave to file an amicus brief is GRANTED. [9501768] (SM) [Entered: 04/20/2015 02:17 PM]
04/20/2015  236 
22 pg, 834.33 KB
Filed original and 25 copies of Charles Nichols amicus brief of 15 pages. Served on 04/15/2015. [9502183] [10-56971, 11-16255] (TH) [Entered: 04/20/2015 04:50 PM]
04/21/2015  237 Received 25 paper copies of Amicus brief [230] filed by State of Hawaii. (sent to en banc court) [9502771] [10-56971, 11-16255] (TH) [Entered: 04/21/2015 10:35 AM]
04/22/2015  238 
36 pg, 1.1 MB
Filed (ECF) Michael J. Vogler, Esq. Motion to intervene. Date of service: 04/22/2015. [9504505] [10-56971, 11-16255] (Vogler, Michael) [Entered: 04/22/2015 10:30 AM]
04/22/2015  239 Entered appearance of Intervenor – Pending Michael John Vogler. [9504975] [10-56971, 11-16255] (RL) [Entered: 04/22/2015 01:38 PM]
04/28/2015  240 
25 pg, 90.62 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Pink Pistols, Women Against Gun Control, Inc., and Second Amendment Sisters. Date of service: 04/28/2015. [9517181] [10-56971, 11-16255] (Koukoutchos, Brian) [Entered: 04/28/2015 11:37 AM]
04/28/2015  241 Entered appearance of Amici Curiae Pink Pistols, Women Against Gun Control, Inc. and Second Amendment Sisters. [9517590] [10-56971, 11-16255] (TH) [Entered: 04/28/2015 02:35 PM]
04/28/2015  242 
2 pg, 190.85 KB
Filed clerk order: The amicus brief [240] submitted by Pink Pistols, Second Amendment Sisters and Women Against Gun Control, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9517626] [10-56971, 11-16255] (TH) [Entered: 04/28/2015 02:47 PM]
04/29/2015  243 
39 pg, 1.22 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amicus Curiae League of California Cities in Support of Appellees. Date of service: 04/29/2015. [9519031] [10-56971, 11-16255] (Pierce, Thomas) [Entered: 04/29/2015 02:00 PM]
04/29/2015  244 Entered appearance of Amicus Curiae League of California Cities. [9519111] [10-56971, 11-16255] (TH) [Entered: 04/29/2015 02:22 PM]
04/29/2015  245 
2 pg, 190.3 KB
Filed clerk order: The amicus brief [243] submitted by League of California Cities is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9519145] [10-56971, 11-16255] (TH) [Entered: 04/29/2015 02:28 PM]
04/30/2015  246 
23 pg, 263.21 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Governors of Texas, Louisiana, Maine, Mississippi, Oklahoma, and South Dakota. Date of service: 04/30/2015. [9520228] [10-56971, 11-16255]–[COURT UPDATE: Attached corrected brief (footnote font size). 04/30/2015 by RY] (Oldham, Andrew) [Entered: 04/30/2015 10:35 AM]
04/30/2015  247 Entered appearance of Amici Curiae Governors, States of Texas, Louisiana, Maine, Mississippi, Oklahoma, and South Dakota. [9520433] [10-56971, 11-16255] (TH) [Entered: 04/30/2015 11:30 AM]
04/30/2015  248 
2 pg, 190.4 KB
Filed clerk order: The amicus brief [246] submitted by Governors, States of Texas, Louisiana, Maine, Mississippi, Oklahoma, and South Dakota is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9520444] [10-56971, 11-16255] (TH) [Entered: 04/30/2015 11:33 AM]
04/30/2015  249 
41 pg, 426.74 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Congress of Racial Equality, Inc.. Date of service: 04/30/2015. [9520549] [10-56971, 11-16255] (Tahmassebi, Stefan) [Entered: 04/30/2015 12:20 PM]
04/30/2015  250 
2 pg, 191.03 KB
Filed clerk order: The amicus brief [249] submitted by Congress of Racial Equality, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9520741] [10-56971, 11-16255] (TH) [Entered: 04/30/2015 01:41 PM]
04/30/2015  251 
26 pg, 82.27 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Alabama, Alaska, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin. Date of service: 04/30/2015. [9520955] [10-56971] (Brasher, Andrew) [Entered: 04/30/2015 02:21 PM]
04/30/2015  252 Entered appearance of Amici Curiae State of Alabama, Alaska, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin. [9521090] [10-56971, 11-16255] (TH) [Entered: 04/30/2015 02:44 PM]
04/30/2015  253 
2 pg, 190.56 KB
Filed clerk order: The amicus brief [251] submitted by State of Alabama, Alaska, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9521118] [10-56971, 11-16255] (TH) [Entered: 04/30/2015 02:47 PM]
04/30/2015  254 COURT DELETED INCORRECT ENTRY. Deficiencies. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [260]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by WESTERN STATES SHERIFFS ASSOCIATION SHERIFF ADAM CHRISTIANSON; SHERIFF JON LOPEY; SHERIFF MARGARET MIMS; SHERIFF TOM BOSENKO; DAVID HENCRATT; SHERIFF STEVEN DURFOR; SHERIFF THOMAS ALLMAN; SHERIFF DAVID ROBINSON; SHERIFF SCOTT JONES; SHERIFF BRUCE HANEY. Date of service: 04/30/2015. [9521424] [10-56971, 11-16255] (Goldstein, Jonathan) [Entered: 04/30/2015 04:31 PM]
04/30/2015  255 
36 pg, 182.2 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Gun Owners of America, Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute, Abraham Lincoln Foundation for Public Policy Research, Policy Analysis Center, Institute on the Constitution, and Conservative Legal Defense and Education Fund. Date of service: 04/30/2015. [9521521] [10-56971, 11-16255] (Titus, Herbert) [Entered: 04/30/2015 05:11 PM]
04/30/2015  256 
37 pg, 82.14 KB
Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae NRA in 10-56971, 11-16255. Date of service: 04/30/2015. [9521524] [10-56971, 11-16255] (Cooper, Charles) [Entered: 04/30/2015 05:13 PM]
04/30/2015  257 
172 pg, 37.66 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Everytown for Gun Safety. Date of service: 04/30/2015. [9521526] [10-56971, 11-16255] (Gupta, Deepak) [Entered: 04/30/2015 05:17 PM]
04/30/2015  258 COURT DELETED INCORRECT ENTRY. Deficiencies. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [260]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE WESTERN STATES SHERIFFS ASSOCIATION; SHERIFF ADAM CHRISTIANSON; SHERIFF JON LOPEY; SHERIFF MARGARET MIMS; SHERIFF TOM BOSENKO; DAVID HENCRATT; SHERIFF STEVEN DURFOR; SHERIFF THOMAS ALLMAN; SHERIFF DAVID ROBINSON; SHERIFF SCOTT JONES. Date of service: 04/30/2015. [9521553] [10-56971, 11-16255] (Goldstein, Jonathan) [Entered: 04/30/2015 05:40 PM]
04/30/2015  259 
20 pg, 613.34 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Madison Society, Inc.. Date of service: 04/30/2015. [9521557] [10-56971] –[COURT UPDATE: Attached corrected brief and motion. Spread to case 11-16255. 05/01/2015 by TL] (Kilian, Brandon) [Entered: 04/30/2015 05:53 PM]
04/30/2015  260 
22 pg, 98.64 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE WESTERN STATES SHERIFFS ASSOCIATION; SHERIFF ADAM CHRISTIANSON; SHERIFF JON LOPEY; SHERIFF MARGARET MIMS; SHERIFF TOM BOSENKO; DAVID HENCRATT; SHERIFF STEVEN DURFOR; SHERIFF THOMAS ALLMAN; SHERIFF DAVID ROBINSON; SHERIFF SCOTT JONES. Date of service: 04/30/2015. [9521560] [10-56971, 11-16255] (Goldstein, Jonathan) [Entered: 04/30/2015 06:03 PM]
04/30/2015  261 
38 pg, 178.46 KB
Submitted (ECF) Intervenor brief for review and filed Motion to file non-standard brief. Submitted by Intervenor – Pending State of California in 10-56971, Amicus Curiae State of California in 11-16255. Date of service: 04/30/2015. [9521567] [10-56971, 11-16255] (Brown, Gregory) [Entered: 04/30/2015 06:50 PM]
04/30/2015  262 
37 pg, 89.73 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, and Law Enforcement Alliance of America. Date of service: 04/30/2015. [9521588] [10-56971, 11-16255] (Peterson, Dan) [Entered: 04/30/2015 11:33 PM]
04/30/2015  263 
3 pg, 77.29 KB
Filed (ECF) notice of appearance of Dan M. Peterson for Amici Curiae ILEETA and LEAA in 10-56971. Date of service: 04/30/2015. [9521590] [10-56971, 11-16255] (Peterson, Dan) [Entered: 04/30/2015 11:42 PM]
04/30/2015  264 
34 pg, 191.28 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC.; ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC.; COMMONWEALTH SECOND AMENDMENT, INC.; GUN OWNERS’ ACTION LEAGUE; MARYLAND STATE RIFLE & PISTOL ASSOCIATION, INC.. Date of service: 04/30/2015. [9521591] [10-56971, 11-16255] (Jensen, David) [Entered: 04/30/2015 11:49 PM]
05/01/2015  265 Added attorney Dan M. Peterson for ILEETA LEAA, in case 10-56971. [9521616] (CW) [Entered: 05/01/2015 07:24 AM]
05/01/2015  266 
2 pg, 46.32 KB
Filed order (SIDNEY R. THOMAS) Oral argument in this en banc case will be held at 3:30 p.m. on Tuesday, June 16, 2015, in Courtroom One of the James R. Browning Courthouse, located at 95 Seventh Street in San Francisco, California 94103. http://www.ca9.uscourts.gov/information/locations.php [9522039] [10-56971, 11-16255] (SM) [Entered: 05/01/2015 10:23 AM]
05/01/2015  267 Added attorney Charles J. Cooper for NRA. [9522084] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 10:38 AM]
05/01/2015  268 Entered appearance of Amici Curiae (1) Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Policy Analysis Center, Institute on the Constitution, and Conservative Legal Defense and Education Fund; (2) Everytown for Gun Safety; (3) Western States Sheriffs’ Association, Sheriff Adam Christianson, Sheriff Jon Lopey, Sheriff Margaret Mims, Sheriff Tom Bosenko, David Hencratt, Sheriff Steven Durfor, Sheriff Thomas Allman, Sheriff David Robinson, Sheriff Scott Jones, Sheriff Bruce Haney, Sheriff John D’Agostini, and Retired Sheriff Larry Jones; (4) Law Enforcement Legal Defense Fund; (5) Law Enforcement Action Network; and (6) New York State Rifle and Pistol Association, Association of New Jersey Rifle and Pistol Clubs, Commonwealth Second Amendment, Gun Owners’ Action League, and Maryland State Rifle and Pistol Association; Amicus Curiae – Pending The Madison Society, Inc. [9522186] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 11:13 AM]
05/01/2015  269 
2 pg, 190.63 KB
Filed clerk order: The amicus brief [255] submitted by Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Policy Analysis Center, Institute on the Constitution, and Conservative Legal Defense and Education Fund is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9522236] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 11:27 AM]
05/01/2015  270 
2 pg, 190.32 KB
Filed clerk order: The amicus brief [256] submitted by NRA is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9522259] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 11:34 AM]
05/01/2015  271 
2 pg, 190.29 KB
Filed clerk order: The amicus brief [257] submitted by Everytown for Gun Safety is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9522276] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 11:41 AM]
05/01/2015  272 
2 pg, 190.65 KB
Filed clerk order: The amicus brief [260] submitted by Western States Sheriffs’ Association, Sheriff Adam Christianson, Sheriff Jon Lopey, Sheriff Margaret Mims, Sheriff Tom Bosenko, David Hencratt, Sheriff Steven Durfor, Sheriff Thomas Allman, Sheriff David Robinson, Sheriff Scott Jones, Sheriff Bruce Haney, Sheriff John D’Agostini, and Retired Sheriff Larry Jones is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9522302] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 11:52 AM]
05/01/2015  273 
2 pg, 190.47 KB
Filed clerk order: The amicus brief [262] submitted by ILEETA, Law Enforcement Action Network, LEAA and Law Enforcement Legal Defense Fund is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9522324] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 11:59 AM]
05/01/2015  274 
2 pg, 190.55 KB
Filed clerk order: The amicus brief [264] submitted by New York State Rifle and Pistol Association, Association of New Jersey Rifle and Pistol Clubs, Commonwealth Second Amendment, Gun Owners’ Action League, and Maryland State Rifle and Pistol Association is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9522338] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 12:07 PM]
05/01/2015  275 Notice of (Consolidated) Oral Argument on Tuesday, June 16, 2015 – 3:30 P.M. – Courtroom 1 – James R Browning US Cthse, 95 7th Street, San Francisco CA.

View the Oral Argument Calendar for your case here.

When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office.
[9522507] [10-56971, 11-16255] (AW) [Entered: 05/01/2015 01:52 PM]

05/01/2015  276 Received 25 paper copies of Amicus brief [243] filed by League of California Cities. (sent to en banc court) [9522526] [10-56971, 11-16255] (TH) [Entered: 05/01/2015 02:04 PM]
05/01/2015  277 
1 pg, 68.31 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney James Chapin, Esquire for Appellees County of San Diego and William D. Gore. [9522829] [10-56971] –[COURT UPDATE: Spread to case 11-16255. 05/01/2015 by TL] (Chapin, James) [Entered: 05/01/2015 03:50 PM]
05/04/2015  278 Received 25 paper copies of Amicus brief [251] filed by State of Alabama, Alaska, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin. (sent to en banc court) [9524015] [10-56971, 11-16255] (TH) [Entered: 05/04/2015 01:38 PM]
05/04/2015  279 Received 25 paper copies of Amicus brief [256] filed by NRA. (sent to en banc court) [9524106] [10-56971, 11-16255] (TH) [Entered: 05/04/2015 02:01 PM]
05/04/2015  280 Received 25 paper copies of Amicus brief [240] filed by Pink Pistols, Second Amendment Sisters, and Women Against Gun Control, Inc. (sent to en banc court) [9524126] [10-56971, 11-16255] (TH) [Entered: 05/04/2015 02:08 PM]
05/04/2015  281 Received 25 paper copies of Amicus brief [249] filed by Congress of Racial Equality, Inc. (sent to en banc court) [9524146] [10-56971, 11-16255] (TH) [Entered: 05/04/2015 02:14 PM]
05/05/2015  282 
2 pg, 44.9 KB
Filed order (SIDNEY R. THOMAS): The Motion of Proposed Intervenor State of California for leave to file a brief on the merits is GRANTED. The Motion of the Madison Society, Inc., for leave to file an amicus curae brief is GRANTED. [9525000] [10-56971, 11-16255] (AF) [Entered: 05/05/2015 09:17 AM]
05/05/2015  283 
2 pg, 190.24 KB
Filed clerk order: The intervenor brief [261] submitted by State of California is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9525628] [10-56971, 11-16255] (TH) [Entered: 05/05/2015 01:23 PM]
05/05/2015  284 
2 pg, 190.26 KB
Filed clerk order: The amicus brief [259] submitted by The Madison Society, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9525652] [10-56971, 11-16255] (TH) [Entered: 05/05/2015 01:29 PM]
05/05/2015  285 Received 25 paper copies of Amicus brief [257] filed by Everytown for Gun Safety. (sent to en banc court) [9525708] [10-56971, 11-16255] (TH) [Entered: 05/05/2015 01:45 PM]
05/06/2015  286 Received 25 paper copies of Amicus brief [260] filed by Western States Sheriffs’ Association, Sheriff Adam Christianson, Sheriff Jon Lopey, Sheriff Margaret Mims, Sheriff Tom Bosenko, David Hencratt, Sheriff Steven Durfor, Sheriff Thomas Allman, Sheriff David Robinson, Sheriff Scott Jones, Sheriff Bruce Haney, Sheriff John D’Agostini, and Retired Sheriff Larry Jones. (sent to en banc court) [9527543] [10-56971, 11-16255] (TH) [Entered: 05/06/2015 01:56 PM]
05/06/2015  287 Received 25 paper copies of Amicus brief [246] filed by Governors, States of Texas, Louisiana, Maine, Mississippi, Oklahoma, and South Dakota. (sent to en banc court) [9527569] [10-56971, 11-16255] (TH) [Entered: 05/06/2015 02:04 PM]
05/06/2015  288 
1 pg, 65.77 KB
Filed Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney John A. Whitesides, Esquire for Amici Curiae County of Yolo and Edward G. Prieto in 10-56971; and for Appellees County of Yolo and Ed Prieto in 11-16255. [9528006] [10-56971, 11-16255] (RL) [Entered: 05/06/2015 04:19 PM]
05/06/2015  289 
1 pg, 66.45 KB
Filed Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Serena M. Warner, Esquire for Appellees County of Yolo and Ed Prieto. [9528012] [10-56971, 11-16255] (RL) [Entered: 05/06/2015 04:20 PM]
05/07/2015  290 
1 pg, 73.27 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Alan Gura for Appellants Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation and Brett Stewart in 11-16255. [9528175] [11-16255, 10-56971] (Gura, Alan) [Entered: 05/07/2015 05:54 AM]
05/07/2015  291 
1 pg, 19.47 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Paul D. Clement for Appellants Leslie Buncher, California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Michelle Laxson, Edward Peruta and Amicus Curiae NRA. [9528620] [10-56971] –[COURT UPDATE: Spread to case 11-16255. 05/07/2015 by TL] (Clement, Paul) [Entered: 05/07/2015 10:28 AM]
05/07/2015  292 Received 25 paper copies of Amicus brief [262] filed by ILEETA, Law Enforcement Action Network, LEAA and Law Enforcement Legal Defense Fund. (sent to en banc court) [9528836] [10-56971, 11-16255] (TH) [Entered: 05/07/2015 11:38 AM]
05/07/2015  293 Received 25 paper copies of Amicus brief [264] filed by New York State Rifle and Pistol Association, Association of New Jersey Rifle and Pistol Clubs, Commonwealth Second Amendment, Gun Owners’ Action League, and Maryland State Rifle and Pistol Association. (sent to en banc court) [9528876] [10-56971, 11-16255] (TH) [Entered: 05/07/2015 11:50 AM]
05/08/2015  294 Received 25 paper copies of Amicus brief [255] filed by Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Policy Analysis Center, Institute on the Constitution, and Conservative Legal Defense and Education Fund. (sent to en banc court) [9530420] [10-56971, 11-16255] (TH) [Entered: 05/08/2015 11:00 AM]
05/11/2015  295 Received 25 paper copies of Intervenor brief [261] filed by State of California. (sent to en banc court) [9532423] [10-56971, 11-16255] (TH) [Entered: 05/11/2015 02:31 PM]
05/11/2015  296 Received 25 paper copies of Amicus brief [259] filed by The Madison Society, Inc. (sent to en banc court) [9532458] [10-56971, 11-16255] (TH) [Entered: 05/11/2015 02:39 PM]
05/12/2015  297 
5 pg, 32.52 KB
Filed (ECF) Intervenor State of California in 10-56971, Amicus Curiae State of California in 11-16255 Motion for miscellaneous relief [Motion for Leave to Participate in Oral Argument]. Date of service: 05/12/2015. [9534221] [10-56971, 11-16255] (Brown, Gregory) [Entered: 05/12/2015 01:23 PM]
05/13/2015  298 
4 pg, 32.81 KB
Filed (ECF) Amicus Curiae Brady Center to Prevent Gun Violence in 10-56971, 11-16255 Motion for miscellaneous relief [Motion for Clarification on Oral Argument]. Date of service: 05/13/2015. [9536722] [10-56971, 11-16255] (Ali, Kathryn) [Entered: 05/13/2015 04:01 PM]
05/14/2015  299 
2 pg, 45.81 KB
Filed order (SIDNEY R. THOMAS): The motion of Proposed Intervenor State of California to participate in oral argument is GRANTED. The State of California shall share argument time with (1) the County of San Diego and Sheriff Gore and (2) the County of Yolo and Sheriff Prieto, in an amount to be determined by those parties. [9537256] [10-56971, 11-16255] (AF) [Entered: 05/14/2015 09:40 AM]
05/14/2015  300 Entered appearance of Amicus Curiae – Pending Patrick Missud. [9538116] [10-56971, 11-16255] (RL) [Entered: 05/14/2015 02:53 PM]
05/14/2015  301 
6 pg, 219.98 KB
Filed Amicus Curiae – Pending Patrick Missud motion to file criminally-proven amicus brief. Deficiencies: None. Served on 05/13/2015. [9538128] [10-56971, 11-16255] (RL) [Entered: 05/14/2015 02:56 PM]
05/19/2015  302 
2 pg, 35.97 KB
Filed (ECF) Intervenor State of California in 10-56971, Amicus Curiae State of California in 11-16255 Correspondence: Notice of departure of Ross C. Moody from the Department of Justice to assume a judgeship on the state superior court; request to remove Mr. Moody from the service lists in these consolidated appeals. Date of service: 05/19/2015 [9543333] [10-56971, 11-16255] (Brown, Gregory) [Entered: 05/19/2015 04:47 PM]
05/19/2015  303 Terminated Ross Moody for State of California. [9543340] [10-56971, 11-16255] (RL) [Entered: 05/19/2015 04:50 PM]
05/20/2015  304 
26 pg, 284.96 KB
Filed (ECF) Appellants Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation and Brett Stewart in 11-16255 citation of supplemental authorities. Date of service: 05/20/2015. [9543489] [11-16255, 10-56971] (Gura, Alan) [Entered: 05/20/2015 07:04 AM]
05/20/2015  305 
2 pg, 78.61 KB
Filed (ECF) notice of appearance of Edward C. DuMont for Intervenor State of California in 10-56971, Amicus Curiae State of California in 11-16255. Date of service: 05/20/2015. [9544710] [10-56971, 11-16255] (DuMont, Edward) [Entered: 05/20/2015 02:25 PM]
05/20/2015  306 Added attorney Edward C. DuMont for State of California. [9544735] [10-56971, 11-16255] (RL) [Entered: 05/20/2015 02:31 PM]
05/20/2015  307 
1 pg, 19.1 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Edward C. DuMont for Intervenor State of California in 10-56971, Attorney Mr. Edward C. DuMont for Amicus Curiae State of California in 11-16255. [9544774] [10-56971, 11-16255] (DuMont, Edward) [Entered: 05/20/2015 02:37 PM]
05/20/2015  308 
2 pg, 46.88 KB
Filed clerk order (Deputy Clerk: AF): The motion of Patrick Missud for leave to file an amicus brief is DENIED. Pursuant to this Court’s prior order, any amicus brief must have been filed within 35 days of the entry of the order granting rehearing en banc. [9545182] [10-56971, 11-16255] (AF) [Entered: 05/20/2015 04:52 PM]
05/20/2015  309 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [310]. Original Text: Filed (ECF) Amicus Curiae Charles Nichols in 10-56971, 11-16255 Correspondence: Motion of Amicus Curiae Charles Nichols for Leave to Participate in Oral Argument. Date of service: 05/20/2015 [9545249] [10-56971, 11-16255] (Nichols, Charles) [Entered: 05/20/2015 06:34 PM]
05/20/2015  310 
11 pg, 480.88 KB
Filed (ECF) Amicus Curiae Charles Nichols in 10-56971, 11-16255 Motion for miscellaneous relief [Motion to participate in oral argument]. Date of service: 05/20/2015. [9545505] [10-56971, 11-16255] –[COURT ENTERED FILING to correct entry [309] .] (TYL) [Entered: 05/21/2015 09:20 AM]
05/21/2015  311 Terminated Amicus Curiae – Pending Patrick Missud in 10-56971 and Amicus Curiae – Pending Patrick Missud in 11-16255 [9545548] [10-56971, 11-16255] (AF) [Entered: 05/21/2015 09:34 AM]
05/21/2015  312 
2 pg, 38.78 KB
Filed (ECF) Appellees County of Yolo and Ed Prieto citation of supplemental authorities. Date of service: 05/21/2015. [9545574] [11-16255] –[COURT UPDATE: Spread to case 10-56971. 05/21/2015 by TL] (Whitesides, John) [Entered: 05/21/2015 09:45 AM]
05/21/2015  313 
22 pg, 792.76 KB
Submitted (ECF) Intervenor brief for review and filed Motion to intervene. Submitted by Michael John Vogler. Date of service: 05/21/2015. [9545868] [10-56971, 11-16255] –[COURT UPDATE: Attached corrected brief. 05/21/2015 by TL] (Vogler, Michael) [Entered: 05/21/2015 11:30 AM]
05/27/2015  314 
2 pg, 34.21 KB
Filed clerk order (Deputy Clerk: PA):C-Span applied to video/audio record for later broadcast, the cases captioned above, scheduled to be heard at The James R. Browning, U.S. Courthouse in San Francisco, California, on Tuesday, June 16, 2015. C-Span’s request to video/audio record for later broadcast is GRANTED. C-Span will serve as the pool-feed for all media organizations that submit an application. [9551924] [10-56971, 11-16255] (PA) [Entered: 05/27/2015 04:17 PM]
05/28/2015  315 
2 pg, 186.98 KB
Filed clerk order: The amicus brief [133] submitted by Legal Community Against Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9553559] (TH) [Entered: 05/28/2015 03:35 PM]
06/01/2015  316 
2 pg, 45.03 KB
Filed order (SIDNEY R. THOMAS) Proposed Intervenor Michael Vogler’s motion for leave to intervene is DENIED. Because Mr. Vogler moved to intervene prior to the deadline for submitting amicus briefs, his motion for leave to file an amicus curiae brief is GRANTED. [9557040] [10-56971, 11-16255] (SM) [Entered: 06/01/2015 02:36 PM]
06/01/2015  317 
2 pg, 44.09 KB
Filed order (SIDNEY R. THOMAS) The motion of amicus curiae Charles Nichols to participate in oral argument is DENIED. [9557087] [10-56971, 11-16255] (SM) [Entered: 06/01/2015 02:44 PM]
06/02/2015  318 
2 pg, 190.23 KB
Filed clerk order: The amicus brief [313] submitted by Michael John Vogler is filed. Within 7 days of the filing of this order, filer is ordered to file 25 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: not applicable. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9558366] [10-56971, 11-16255] (TH) [Entered: 06/02/2015 11:19 AM]
06/03/2015  319 Received 25 paper copies of Amicus brief [133] filed by Legal Community Against Violence. (sent to en banc court) [9560563] (TH) [Entered: 06/03/2015 02:29 PM]
06/03/2015  320 
2 pg, 34.81 KB
Filed clerk order (Deputy Clerk: PA): Fox News applied to video/audio record for later broadcast, the cases captioned above, scheduled to be heard at The James R. Browning, U.S. Courthouse in San Francisco, California, on Tuesday, June 16, 2015. Fox News’ request to video/audio record for later broadcast is GRANTED. C-Span is designated to serve as the pool-feed for all media organizations that submit an application. [9560621] [10-56971, 11-16255] (PA) [Entered: 06/03/2015 02:42 PM]
06/05/2015  321 Received 25 paper copies of Amicus brief [313] filed by Michael John Vogler. (sent to en banc court) [9563100] [10-56971, 11-16255] (TH) [Entered: 06/05/2015 11:00 AM]
06/12/2015  322 
2 pg, 33.89 KB
Filed clerk order (Deputy Clerk: PA):American News and Information Services Inc., applied to video/audio record for later broadcast, the cases captioned above, scheduled to be heard at The James R. Browning, U.S. Courthouse in San Francisco, California, on Tuesday, June 16, 2015. American News and Information Services Inc.’s request to video/audio record for later broadcast is DENIED. [9573310] [10-56971, 11-16255] (PA) [Entered: 06/12/2015 04:21 PM]
06/12/2015  323 Filed Appellant Edward Peruta request for reconsideration of Court’s 6/12/2015 Order denying application to video/audio record for later broadcast and /or request for appeal . Deficiencies: None. Served on 06/12/2015 (request received via email). [9576206] [10-56971, 11-16255] (PA) [Entered: 06/16/2015 12:12 PM]
06/16/2015  324 
1 pg, 32.41 KB
Filed order (SIDNEY R. THOMAS) Edward Peruta and American News and Information Services, Inc.’s request for reconsideration and/or appeal of this Court’s June 12, 2015 order denying the application to video record for later broadcast the cases captioned above is DENIED. [9576216] [10-56971, 11-16255] (PA) [Entered: 06/16/2015 12:21 PM]
06/16/2015  325 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, HARRY PREGERSON, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET MCKEOWN, WILLIAM A. FLETCHER, RICHARD A. PAEZ, CONSUELO M. CALLAHAN, CARLOS T. BEA, N. RANDY SMITH and JOHN B. OWENS. [9577091] [10-56971, 11-16255] (JO) [Entered: 06/16/2015 05:47 PM]
06/19/2015  326 
3 pg, 118.06 KB
Filed (ECF) Appellants Calguns Foundation, Inc., Second Amendment Foundation, Adam Richards and Brett Stewart in 11-16255 citation of supplemental authorities. Date of service: 06/19/2015. [9580449] [11-16255, 10-56971] (Gura, Alan) [Entered: 06/19/2015 07:34 AM]
07/07/2015  327 
4 pg, 217.16 KB
Lodged non party Bill Stelter letter in support of concealed weapon permits. [9602520] [10-56971, 11-16255] (CW) [Entered: 07/08/2015 10:52 AM]
08/10/2015  328 
3 pg, 146.57 KB
Received non party letter regarding a private citizen’s view o the concealed carry license (CCL) issue and to support the Peruta position in this case. (FYI PANEL) [9641537] [10-56971, 11-16255] (RL) [Entered: 08/10/2015 04:48 PM]
08/21/2015  329 
1 pg, 26.16 KB
Received non party Jeffrey Massey letter regarding request to remove letter dated 08/04/2015 from docket. (FYI PANEL) [9656636] [10-56971, 11-16255] (RL) [Entered: 08/21/2015 03:25 PM]
05/02/2016  330 
2 pg, 51.23 KB
Filed (ECF) notice of appearance of Paul B. Salvaty for Amicus Curiae Brady Center to Prevent Gun Violence in 11-16255, 10-56971. Date of service: 05/02/2016. [9960883] [11-16255, 10-56971] (Salvaty, Paul) [Entered: 05/02/2016 02:51 PM]
05/02/2016  331 Attorney Neil R. O’Hanlon substituted by Attorney Paul B. Salvaty. [9960915] [10-56971, 11-16255] (RL) [Entered: 05/02/2016 02:58 PM]
05/19/2016  332 
1 pg, 9.38 KB
Filed non-party David Cherrick letter dated 05/11/2016 re: Request for decision in case. Paper filing deficiency: None. (FYI Panel) [9990904] [10-56971, 11-16255] (RL) [Entered: 05/25/2016 01:34 PM]
06/09/2016  333 
190 pg, 2.65 MB
FILED OPINION (SIDNEY R. THOMAS, HARRY PREGERSON, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET MCKEOWN, WILLIAM A. FLETCHER, RICHARD A. PAEZ, CONSUELO M. CALLAHAN, CARLOS T. BEA, N. RANDY SMITH and JOHN B. OWENS) AFFIRMED.Opinion by Judge W. Fletcher; Concurrence by Judge Graber; Dissent by Judge Callahan; Dissent by Judge Silverman; Dissent by Judge N.R. Smith. FILED AND ENTERED JUDGMENT. [10007709] [10-56971, 11-16255] (RMM) [Entered: 06/09/2016 06:30 AM]
06/23/2016  334 
121 pg, 470.06 KB
Filed (ECF) Appellants California Rifle and Pistol Association Foundation, Mark Cleary, James Dodd, Leslie Buncher, Michelle Laxson and Edward Peruta petition for rehearing en banc (from 06/09/2016 opinion). Date of service: 06/23/2016. [10027645] [10-56971]–[COURT UPDATE: Spread docket text to 11-16255. 06/23/2016 by SLM] (Michel, Carl) [Entered: 06/23/2016 04:07 PM]
06/23/2016  335 
111 pg, 740.5 KB
Filed (ECF) Appellants Calguns Foundation, Inc., Adam Richards, Second Amendment Foundation and Brett Stewart in 11-16255 petition for rehearing en banc (from 06/09/2016 opinion). Date of service: 06/23/2016. [10027827] [11-16255, 10-56971] (Gura, Alan) [Entered: 06/23/2016 05:27 PM]
06/24/2016  336 
2 pg, 46.43 KB
Filed order (SIDNEY R. THOMAS): Appellees and Intervenor are directed to file responses to the petitions for full court rehearing en banc filed on June 23, 2016 by Appellants Peruta and Richards. The response to each petition shall not exceed 15 pages or 4,200 words, and shall be filed within twenty-one (21) days of the date of this order. The parties shall the briefs electronically without submission of paper copies. [10028817] [10-56971, 11-16255] (AF) [Entered: 06/24/2016 01:43 PM]
06/28/2016  337 
2 pg, 376.6 KB
Filed (ECF) notice of appearance of Kathleen Marie Boergers for Intervenor State of California. Date of service: 06/28/2016. [10032948] [10-56971]–[COURT UPDATE: Spread docket text to 11-16255. 06/29/2016 by SLM] (Boergers, Kathleen) [Entered: 06/28/2016 05:22 PM]
06/29/2016  338 Added attorney Kathleen Boergers for State of California. [10033169] [10-56971, 11-16255] (RL) [Entered: 06/29/2016 08:57 AM]
06/29/2016  339 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [340]. Original Text: Filed (ECF) Intervenor State of California in 10-56971, Amicus Curiae State of California in 11-16255 citation of supplemental authorities. Date of service: 06/29/2016. [10033292] [10-56971, 11-16255] (Boergers, Kathleen) [Entered: 06/29/2016 09:43 AM]
06/29/2016  340 
6 pg, 673.16 KB
Filed (ECF) Intervenor State of California in 10-56971, Amicus Curiae State of California in 11-16255 Motion for miscellaneous relief [46-5 exemption]. Date of service: 06/29/2016. [10033347] [10-56971, 11-16255] –[COURT ENTERED FILING to correct entry [339] .] (TYL) [Entered: 06/29/2016 10:12 AM]
07/05/2016  341 
2 pg, 44.47 KB
Filed order (SIDNEY R. THOMAS) The application of Intervenor State of California for an exemption under Ninth Circuit Rule 46-5 is GRANTED. [10038008] [10-56971, 11-16255] (OC) [Entered: 07/05/2016 09:39 AM]

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