Institute for Legal, Legislative and Educational Action
In orders released moments ago, the Ninth Circuit Court of Appeals has ordered en banc rehearings in the landmark right-to-carry cases Peruta v. San Diego and Richards v. Yolo County Sheriff Ed Prieto.
From the filed orders:
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.
It is unclear if the cases will be heard separately or if they will be consolidated by the Court. A request to intervene by California Attorney General Kamala Harris remains pending.
A copy of the Court’s orders can be viewed here (Peruta) and here (Richards).