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By Dean Weingarten

Sheriff Gore to Appeal Ninth Circuit, Or Not?

Sheriff Gore to Appeal Ninth Circuit, Or Not?

Dean Weingarten

Dean Weingarten

Arizona - -(Ammoland.com)- Immediately after the the historic Ninth Circuit ruling that the second amendment right to bear arms extended outside of the home, it was reported that an appeal to an “en banc” panel of 11 justices would be in the works.

Securityinfowatch.com quotes Bob Egelko of  the San Francisco Chronicle as reporting:

James Chapin, the San Diego deputy county counsel who defended the permit system, said the county will ask the full appeals court for a rehearing before an 11-judge panel.

It appears that Mr. Egelko either misunderstood Mr. Chapin, or that Mr. Chapin changed his mind.
The LA Times reported that:

Officials in San Diego County said they may seek a rehearing before a larger 9th Circuit panel,

A press release from the 14th of February says that the Sheriff’s office is “reviewing and studying the decision” which is consistent with the LA Times version of events.  This seems prudent, considering that Sheriff Gore is up for election this year, in a relatively conservative county.

Noted lawyer and second amendment legal guru David Hardy wrote that an en banc appeal can be asked for by any justice on the Ninth Circuit.  There are currently 27 justices on the Ninth Circuit, the largest in the nation.  No appeal to the Ninth Circuit decision is yet shown on the guncasetracker site of michellawyers.com, the firm who handled the appeal that resulted in the Ninth Circuit ruling in favor of the right to bear arms outside the home.

Rob Morse at slowfacts.wordpress.com writes that Sheriff Gore told him that he wanted to issue CCW licenses:

He said he wanted to issue licenses so citizens could carry a concealed weapon in public.  He really wanted to.  That is what he told me.  He said, sadly, that California law prevented him from granting those licenses.

There is no doubt that Sheriff Gore can issue licenses if the Ninth Circuit ruling is not appealed.  In fact, there was little if any doubt before the Ninth Circuit ruling.   James Chapin, the deputy counsel who works for San Diego County and, presumably, Sheriff Gore, will certainly consult with his clients before they make a decision to appeal or not to appeal.  Attorneys are hired guns, to use a well worn but appropriate metaphor.  They are to do what their clients wish, not the other way around.

I suspect that some Justice on the Ninth Circuit will alleviate the potential embarrassment of Sheriff Gore by requesting an appeal for an en banc panel.

It has not happened yet.  The justices of the Ninth Circuit have until the 6th of March to do so.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 2 User comments to “Sheriff Gore to Appeal Ninth Circuit, Or Not?”

    1. Great summary, Dean. We will see which interests prevail and who, if anyone, appeals the decision.

    2. Jerrys Kidds on February 20, 2014 at 8:43 AM said:

      I just applied for my ccw here in San Diego. A gal took my appointment. Asked one question. “What kind of employment do you do” I told here and gave me my appointment. There a many people according to her making appointments which is the first step. I hope this is a step in the right direction for us here. So tired of this left sided thinking. Home invasion have been un the rise since 2008 and it’s not getting better. Hell even our own LEO”S are feeling up all the girls here. So many of these guys doing that! I think before they hire a LEO they ask if they have a girlfriend or wife for God sakes!!!

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