Summary
finding no Rule 5.1 certification required because "the opinion never 'draws into question' the 'constitutionality' of any California statute—it only questions San Diego County's exercise of regulatory authority under such state statutes"
Summary of this case from Pickett v. Hous. Auth. of Cook Cnty.Opinion
No. 10–56971.
2015-03-26
Edward PERUTA; Michelle Laxson; James Dodd; Leslie Buncher, Dr.; Mark Cleary; California Rifle and Pistol Association Foundation, Plaintiffs–Appellants, State of California, Intervenor–Pending, v. COUNTY OF SAN DIEGO; William D. Gore, individually and in his capacity as Sheriff, Defendants–Appellees.
ORDER
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.