Supreme Court refuses to hear case challenging California conceal carry law (Read 2497 times)

punaperson

Another concealed carry case was refused by SCOTUS today. Of course no one knows the "reason" why... but at least this case didn't persuade them to take up the challenge. (No dissent was issued by any justice.) This case bears some similarties to Hawaii's unconstitutional implementation of laws re bearing arms outside the home. They gotta take one one day, don't they? I just hope it's the "right one" and they deal with open carry, concealed carry, and EXACTLY where the line is re "criteria" that may be imposed as requirements for "permission", etc.

https://thehill.com/regulation/court-battles/414917-supreme-court-refuses-to-hear-case-challenging-california-conceal#.W-Dt46RpOoo.facebook

Supreme Court refuses to hear case challenging California conceal carry law

The Supreme Court on Monday refused to hear a case challenging the constitutionality of California’s concealed carry laws, which give locally elected sheriffs discretion over issuing licenses for good cause.

Sacramento County residents James Rothery and Andrea Hoffman, who were denied licenses more than 10 years ago, argue the law deprives them of their Second Amendment right to keep and bear arms for protection outside the home and violated the clause of the Constitution that affords everyone equal protection under the law.

The law allows each city and county the power to issue a written policy setting forth the procedures for obtaining a concealed-carry license for good cause. It also allows retired police officers to obtain concealed carry permits without having to show “good cause.”

Here's the petition for cert: https://www.supremecourt.gov/DocketPDF/18/18-121/55623/20180726163513561_18-_PetitionForWritOfCertiorari.pdf

Here's the whole SCOTUS page: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-121.html

RSN172

 If you want to be able to conceal carry, you need to live in the right state, and CA and HI is not it.  That is why I am making plans to move to AZ sometime in 2020.  It all depends on when my oldest Rottie passes.  She is 10.5 years old but in excellent health.  10 is pretty old for a Rottie.  The younger dogs I will give to my daughter on Oahu who can’t wait to get them.
Happily living in Puna

zippz

I dont know anything about the case, however people have opinions that this was a bad 2a case for SCOTUS to choose.

changemyoil66

How is it decided what goes up to the SCOTUS?  Do all nine hold a vote and if 5 say yes, then they hear the case?  Or is there a committee that decides what gets heard?

I hope if they do choose cases, and like Zipps said, this was a bad one, that they're waiting and choosing their battles so CCW/OC can be law of the land.

punaperson

How is it decided what goes up to the SCOTUS?  Do all nine hold a vote and if 5 say yes, then they hear the case?  Or is there a committee that decides what gets heard?

I hope if they do choose cases, and like Zipps said, this was a bad one, that they're waiting and choosing their battles so CCW/OC can be law of the land.
I don't know the real "details", because no one does when it comes down to who said what about what, but cases are submitted for cert and the clerks (I believe each justice has four clerks) look through the petitions and decide which few are even worthy of further consideration/discussion at the near-weekly "conferences" where the justices meet to discuss those few cases that have merit for SCOTUS consideration. If it "appears" or is made clear that four justices want to take the case, then at least one justice asks for a vote and those four (minimum) vote at the conference to take the case... if there is no request for a vote the case is denied without voting against it (there are far too many cases to even think about voting "no" on all the rejects). It is not uncommon to ask plaintiffs/defendants to submit further material/briefs and postpone a case for further discussion if there are questions that need clarification or possible "feeling things out"... I'd guess that the four that want to take a case would prefer to know they have a fifth vote so their preferred outcome is more likely to occur. And I certainly hope that is the case when one re "bear" gets there, as we don't want to lose that case! (Of course it wouldn't matter to us in terms of us remaining exactly where we are now (100% infringed), but it would remove any hope for the future... and trash the "bear" rights established in most of the United States.)

eyeeatingfish

How is it decided what goes up to the SCOTUS?  Do all nine hold a vote and if 5 say yes, then they hear the case?  Or is there a committee that decides what gets heard?

I hope if they do choose cases, and like Zipps said, this was a bad one, that they're waiting and choosing their battles so CCW/OC can be law of the land.

I can't remember the specifics but they get hundreds or thousands of requests for hearings every year but only take something like 80 per year. I know one of the criteria used is whether two lower courts are in disagreement.

It would be interesting to hear why this case was declined to be heard though.

I haven't checked this website yet but it offers pretty comprehensive coverage of what the supreme court does.
http://www.scotusblog.com