Blistering Amicus: ‘Second Amendment Not Allowed to Prevail in 9th Circuit’ - Ammoland.com

 In a blistering 29-page amicus brief submitted to the Ninth U.S. Circuit Court of Appeals in a case known as Yukutake v. Lopez, the attorney representing the Second Amendment Foundation (SAF) and its partners takes the court to task for its history of “routinely granting en banc rehearing to overturn Second Amendment victories.”

The case challenges Hawaii’s restrictive handgun purchasing requirements, which were initially struck down by a three-judge panel of the Ninth Circuit. However, as the amicus brief details, “For most other types of litigants in the Ninth Circuit, en banc rehearing is statistically almost as rare as a Supreme Court cert grant, and prevailing parties after a three-judge panel almost always keep their victories. But rehearing is practically a matter of course in this Court whenever litigants challenging gun laws prevail on final judgment before a three-judge panel. With only one very recent exception in which en banc did not occur because the state of California did not petition for rehearing, every appellate victory for the Second Amendment has been reversed en banc.”

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