9th Circuit tosses open carry win to rehear case en banc

• Posted on 8 February 2019
• By Write Winger
• 0

The Ninth Circuit, true to form, has tossed aside the three judge panel’s decision in Young v Hawaii which found the Second Amendment protects the right to public open carry, and will rehear the case before a full eleven judge panel.

The Ninth Circuit, true to form, has tossed aside the three judge panel’s decision in Young v Hawaii which found the Second Amendment protects the right to public open carry, and will rehear the case before a full eleven judge panel.

“Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc. The three judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit.”

This means that the Mark Baird case, which wanted to use the three judge panel’s decision to get an injunction against California’s open carry ban, is moot.

Just yesterday, the 9th Circuit also rejected a petition to hear en banc an open carry ban challenge in California by CRPA.