- New Mexico decides to use HealthCare.gov for 2015
- Satanists to use Hobby Lobby rule to skirt state abortion laws
- White House: No choice but to act now on climate change
- HHS: ‘Donut hole’ reforms saved Medicare enrollees $11.5 billion since 2010
- Boston-area tornado rips 100 homes: ‘Are we in Kansas?’
- Rush Limbaugh: ‘There is no journalism anymore’
- Scott Brown struggles for political traction in New Hampshire Senate race
- California’s Jerry Brown cites God, ‘religious call’ to embrace illegals
- Hamid Karzai’s cousin killed by suicide bomber at Eid al-Fitr party
- Obama thanks Muslims for ‘building the very fabric of our nation’
MILLER: California attorney general tries to overturn gun carry ruling in 9th Circuit
Kamala Harris uses dirty tactics to get Peruta v. San Diego County reversed
Question of the Day
Just when residents of San Diego thought they finally had won back the right to bear arms in the county, state politicians used dirty tactics to try to block it.
Late Thursday, California State Attorney General Kamala Harris filed a petition on behalf of the state to ask the 9th U.S. Circuit Court of Appeals to review and reverse its decision in Peruta v. County of San Diego. That ruling two weeks ago said the county’s restrictive concealed carry permit laws that required “good cause” were unconstitutional.
This comes just one week after San Diego Sheriff Bill Gore said he would not seek en banc review and would start issuing permits based on self-defense once the appeals court decision was finalized.
Ms. Harris wrote in the filing that the state should be allowed to intervene in the case because “this case draws into question the constitutionality of the State’s statutory scheme regulating the public carrying of firearms.” She added that the “existing parties will not adequately represent the State’s interests.”
Chuck Michel is the west coast counsel for the National Rifle Association, which funded the lawsuit. He said Ms. Harris‘ motion to intervene was far out of line because her office wasn’t part of the lawsuit, despite repeated requests from both plaintiffs and Sheriff Gore to get involved.
“They are trying to improperly influence the court,” Mr. Michel said in an interview. “The are stretching the rules to file in order to get their arguments in front of the court in the hopes that a liberal judge will get the message and ask for a vote himself.”
Since Sheriff Gore did not ask for review, the only way for a hearing by a larger panel of justices in the 9th Circuit is if one asks to go en banc.
Other gun grabbers have joined with the attorney general in this backdoor appeal. The Brady Campaign asked for consent to intervene on Thursday. A police association that was an amicus to the court, but not a party to the lawsuit, also filed an en banc review.
“Obviously, what this tells us is the folks that advocate civilian disarmament are upset about the opinion and want to throw everything they can at it to bottle up the 9th Circuit or get it overturned,” said Mr. Michel, whose firm, Michel and Associates, represented the plaintiffs in the Peruta case up to the appeals court level.
The Circuit Court judges have until March 7 to ask for a vote on rehearing the case.
California politicians are notoriously anti-gun and have had a long run on infringing on the rights of citizens on the west coast, so it should be no surprise that Ms. Harris would use deceitful tactics to try to keep hold of gun control laws that seem to be slipping from her grip.
But the justices ought not to play petty political games and let stand the ruling that gives the people of San Diego the ability to defend themselves outside the home.
Emily Miller is senior editor of opinion for The Washington Times and author of “Emily Gets Her Gun” (Regnery, 2013).
© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.
About the Author
Emily Miller is senior editor of opinion for The Washington Times. She is the author of “Emily Gets Her Gun … But Obama Wants to Take Yours” (Regnery 2013). Miller won the 2012 Clark Mollenhoff Award for Investigative Reporting from the Institute on Political Journalism.
- MILLER: Mark Witaschek tax investigation follows D.C. conviction for muzzleloader bullet ammunition
- MILLER: Harry Reid's hypocrisy on 'Equal Pay Day': No women on top leadership staff
- MILLER: Maryland bathroom bill for transgenders is part of LGBT lobby for sex-change rights
- MILLER: Mark Witaschek surrenders to D.C. police 'Gun Offenders Registry'
- MILLER: Exclusive - Mark Witaschek takes the stand in D.C. shotgun shell trial
Latest Blog Entries
TWT Video Picks
Get Breaking Alerts
- GOP Senate candidate: Obama needs to visit Central America
- D.C. seeks to stay judge's order allowing gun owners to carry in public
- Hillary Clinton: Forget Obama, George W. Bush made her 'proud to be an American'
- Border surge puts Obama legacy on immigration at stake
- EPSTEIN: All IRS roads lead to the archivist
- Illegal immigrants demand representation in White House meetings
- Smugglers, rainstorm combine to poke holes in border fence
- Federal appeals court rules against Virginia's gay marriage ban
- PRUDEN: When the hangman botches the job
- Romney would win popular vote in rematch against Obama: CNN poll