No. 18-121

James Rothery, et al. v. Lou Blanas, et al.

Lower Court: Ninth Circuit
Docketed: 2018-07-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 2nd-amendment civil-rights concealed-carry discretionary-licensing discretionary-permit due-process equal-protection law-enforcement-exemption licensing-discretion second-amendment self-defense self-defense-rights standing takings
Latest Conference: 2018-11-02 (distributed 2 times)
Question Presented (from Petition)

(1) Does California's general prohibition to carry a loaded handgun outside the home, coupled with an arbitrary and capricious licensing scheme for citizens who wish to carry a concealed weapon, violate Californians' fundamental right to keep and bear arms for self-defense guaranteed by the Second Amendment?

(2) Does California's grant of a lifetime right to honorably retired California peace officers to carry a concealed weapon, coupled with a grant of unbridled discretion to each elected Sheriff whereby concealed weapon permits are issued on a quid pro quo basis to political supporters, violate the Equal Protection Clause of the Fourteenth Amendment when average citizens, including former military, are subjected to the capriciousness of the locally elected Sheriff?

Question Presented (AI Summary)

Does California's general prohibition to carry a loaded handgun outside the home, coupled with an arbitrary and capricious licensing scheme for citizens who wish to carry a concealed weapon, violate Californians' fundamental right to keep and bear arms for self-defense guaranteed by the Second Amendment?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-17
DISTRIBUTED for Conference of 11/2/2018.
2018-10-09
Reply of petitioners James Rothery, et al. filed.
2018-10-01
Brief of State Respondent in opposition filed.
2018-10-01
Brief of respondents County of Sacramento, et al. in opposition filed.
2018-08-31
Response Requested. (Due October 1, 2018)
2018-08-29
DISTRIBUTED for Conference of 9/24/2018.
2018-08-14
Waiver of right of respondent Xavier Becerra, Attorney General of California to respond filed.
2018-08-14
Waiver of right of respondents Lou Blanas, et al. to respond filed.
2018-07-26
Petition for a writ of certiorari filed. (Response due August 27, 2018)

Attorneys

James Rothery, et al.
Gary W. Gorski — Petitioner
Lou Blanas, et al.
John Andrej LavraLongyear, O'dea and Lavra, LLP, Respondent
Xavier Becerra, Attorney General of California
Samuel Passchier SiegelCalifornia Department of Justice, Respondent