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Peruta Intervention Denied Order

Peruta Intervention Denied Order

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Published by Alan Beck
State AG's office denied intervention in Peruta
State AG's office denied intervention in Peruta

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Published by: Alan Beck on Nov 12, 2014
Copyright:Traditional Copyright: All rights reserved

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12/03/2014

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
E
DWARD
P
ERUTA
;
 
M
ICHELLE
L
AXSON
;
 
J
AMES
D
ODD
;
 
L
ESLIE
B
UNCHER 
,
 
D
.;
 
M
ARK
C
LEARY
;C
ALIFORNIA
IFLE AND
P
ISTOL
A
SSOCIATION
F
OUNDATION
,
 Plaintiffs-Appellants
,S
TATE OF
C
ALIFORNIA
,
 Intervenor-Pending 
,v.C
OUNTY OF
S
AN
D
IEGO
;
 
W
ILLIAM
D.G
ORE
, individually and in hiscapacity as Sheriff,
 Defendants-Appellees
. No. 10-56971D.C. No.3:09-cv-02371-IEG-BGSORDER Filed November 12, 2014Before: Diarmuid F. O’Scannlain, Sidney R. Thomas,and Consuelo M. Callahan, Circuit Judges.Order;Dissent by Judge Thomas
 
P
ERUTA V
.
 
C
OUNTY OF
S
AN
D
IEGO
2
SUMMARY
*
Civil Rights
The panel denied motions to intervene, which were filedafter the panel’s opinion and judgment holding that aresponsible, law-abiding citizen has a right under the SecondAmendment to carry a firearm in public for self-defense. The State of California and the Brady Campaign toPrevent Gun Violence moved to intervene under Federal Ruleof Civil Procedure 24 after San Diego Sheriff William D.Gore declined to file a petition for rehearing en banc. TheCalifornia Police Chiefs’ Association and the CaliforniaPeace Officers’ Association, amici in this case, submitted a petition for rehearing en banc. Noting that amici cannot file petitions for rehearing en banc, the panel construed the petition as a motion to intervene. The panel held that the movants did not meet the heavy burden of demonstrating imperative reasons in favor of intervention on appeal. Noting that the movants soughtintervention more than four years after the case began, the panel stated that the stage of the proceedings, the length of the delay, and the reason for the delay all weighed againsttimeliness. In the absence of a timely motion, interventionwas unavailable.The panel further concluded that 28 U.S.C. § 2403 andFederal Rule of Civil Procedure 5.1 did not provide a basis
 
*
 This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.
 
P
ERUTA V
.
 
C
OUNTY OF
S
AN
D
IEGO
3for intervention because the panel’s opinion never drew intoquestion the constitutionality of any California statute, butonly questioned San Diego County’s exercise of regulatoryauthority under the relevant state statutes, specifically theCounty’s policy that an assertion of self-defense isinsufficient to demonstrate “good cause” under the Californiastatutory scheme. Dissenting, Judge Thomas stated that the majority’sdecision to prevent the State of California from interveningin this case conflicted with controlling circuit precedent anddeprived one of the parties most affected by the panel’sdecision the opportunity to even present an argument on animportant constitutional question affecting millions of citizens.
ORDER 
We must rule on motions to intervene in this SecondAmendment case which were filed after our opinion and judgment reversing the District Court were filed.IWhen Sheriff William D. Gore declined to file a petitionfor rehearing en banc in this case, the State of California andthe Brady Campaign to Prevent Gun Violence moved tointervene under Federal Rule of Civil Procedure 24. TheCalifornia Police Chiefs’ Association (CPCA) and theCalifornia Peace Officers’ Association (CPOA), amici in thiscase, submitted a petition for rehearing en banc. However,amici cannot file petitions for rehearing en banc.
See Day v. Apoliona
, 505 F.3d 963, 964 (9th Cir. 2007). We therefore

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