San Diego Sheriff will not seek 9th Circuit en banc in Peruta right to carry case.

San Diego Sheriff will not seek 9th Circuit en banc in Peruta right to carry case..

The Sheriff could still file (within 90 days of last week’s ruling) a petition for writ of certiorari with SCOTUS.

Also, a majority of Ninth Circuit judges could move sua sponte to rehear the case.

There are so many moving pieces to this puzzle that I hesitate to make a guess, but I would say today’s action at least makes the first less likely.

I think the solidness of the Peruta opinion makes the second less likely.

It appears the left is punting to delay arrival of a carry case at SCOTUS doorstep.  That may happen soon anyway with the Drake case out of Third Circuit.

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