It’s been a good couple of weeks for the Second Amendment, at least in the Ninth Circuit Court of Appeals. Just one week after affirming an injunction blocking California’s ban on standard capacity magazines, a panel of the Ninth Circuit has ruled that the Second Amendment protects an individual right to openly carry firearms in public in the case of Young v. State of Hawaii.
Here is what you need to know:
The County of Hawaii is likely to Petition the Ninth Circuit for a rehearing en banc, but must do so by August 7. If a petition for a rehearing en banc is filed and granted, the case would be reheard by an eleven judge panel and the decision could be overturned. The losing party could file a petition for a writ of certiorari (request for leave to appeal) to the U.S. Supreme Court within ninety days of the Ninth Circuit’s final decision in this case. There has been widespread media speculation that, in light of President Trump’s nomination of Brett Kavanaugh to the U.S. Supreme Court, the time is near for the U.S. Supreme Court to grant certiorari in a case addressing the scope of the individual right to keep and bear arms, and this case could potentially present such an opportunity.
A copy of panel’s decision is available here.
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