Peruta v. San Diego argument today
Streaming video should be here. It's set to start at 3:30 Pacific, 6:30 Eastern.
California had a system where handgun carry licenses are "may issue," and that extends to all carrying, not just concealed. A three judge panel struck that down, finding that a government cannot entirely prohibit unauthorized carry and also make the permit system "shall issue." There was a motion for review en banc, which was granted, hence this argument. (In theory, en banc means by all the judges of the Circuit; the Ninth is so large -- 28 active judges, last I counted -- that it sets them before a panel of the chief judge and ten randomly selected judges).
I worded that in the passive voice, because of another quirk. The defendants did not move for review en banc, but announced they would start issuing permits on a "shall issue" basis. The State of California had, early in the case, been notified, but refused to intervene. Now, with the original defendants dropping out, it filed a motion to intervene so as to file a motion for rehearing en banc. I don't think the court has ever acted on that. I assume the California AG's office will argue for the other side -- which means the court will hear argument from an attorney without it ever having been determined whether their client is a party to the appeal!