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Old February 27, 2014, 11:30 PM   #203
62coltnavy
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Join Date: February 1, 2011
Posts: 356
To answer Tom's question, a justice of the circuit CAN request en banc review-as can any losing party. The request is then voted on by the entire bench, and requires a majority vote for review to be granted. If granted, a panel of 10randomly selected justices plus the presiding justice of the circuit (in this case Pro-2A Justice Alex Kosinski) hear the case. I am pretty sure that this is a "de novo" review, not a review for error in the original opinion, meaning that the panel considers the matter anew. If the petition for review is denied, then the original opinion stands.

As an aside, AG Harris has also requested a stay so that the current "good cause" standard will remain in effect until finality, a request predicated on the number of sheriffs who have announced that they will comply with the decision. (Los Angeles is not one of those counties, nor is San Francisco.)

In her petition for en banc review, she argues a number of things, for example, that the panel was wrong in concluding that there is a virtual carry ban in San Diego--and , without mentioning the City of San Diego itself, argues that most of the unincorporated areas of the county (other than those appurtenant to population areas) are open carry. I assume that this is the basis for her off hand comment that the "good cause" provision I(requiring that one show a need greater than the public at large) is a "modest" limitation on the right to carry.
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