Litigation in the 4th and 9th Circuit Court of Appeals

The US Fourth Circuit Court of Appeals is hearing a challenge to Maryland’s “assault weapons” and magazine ban law.

The US Ninth Circuit Court of Appeals has ordered an en banc rehearing of the Peruta v. San Diego and the related Richards v. (Yolo County Sheriff Ed) Prieto decisions (made by 3-judge panels). We understand that now a larger panel of judges will be selected from the Ninth Circuit, and will second-guess the ruling. The Ninth Circuit is large (and liberal), so the panel will not consist of all justices but of 11 justices chosen at random. The decisions basically removed the government’s requirement that citizens show “good cause” (in the sheriffs’ opinion) to exercise a constitutionally-protected right and forces the state to be shall issue.

The en banc rehearing is not a good thing — essentially an appeal against the Second Amendment. No matter what happens as a result of the rehearing, either side will almost certainly petition a loss to the SCOTUS.


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