Dissent Excoriates Ninth Circuit Refusal of en banc Rehearing of Second Amendment

Dissent Excoriates Ninth Circuit Refusal of en banc Rehearing of Second Amendment

Dissent Excoriates Ninth Circuit Refusal of en banc Rehearing of Second Amendment iStock-1055138108 U.S.A. – -(AmmoLand.com)- The recent Ninth Circuit Second Amendment case, Mai v. United States , shows the powerful influence President Trump has had on the largest Circuit Court in the United States. The case started in Washington State. The plaintiff, Duy T. Mai, was involuntarily committed to a mental institution for depression and suicidal impulses when he was 17 years old. A few months later, he was released and went on to become a well adjusted, productive member of society. At age 37, he wished to exercise his Second Amendment right to purchase a firearm. He was unable to do so because of the involuntary commitment when he was 17. He applied to the State of Washington for relief from the disability, which was granted. United States federal firearms law, specifically 18 U.S.C. § 922(g)(4), forbids Mai from purchasing or possessing a firearm. Mai sued under 42 U.S.C. § 1983, claiming his Second Amendment rights were being illegally deprived. The District Court in Washington State found that Mai did not have a case. Mai appealed to the Ninth Circuit. On 11 March, 2020, in a unanimous decision from the three-judge panel, the Ninth Circuit upheld the District Court decision. Mai asked for an en banc review of his case. En banc reviews of Second Amendment cases seem to be routine for the Ninth Circuit, when the cases favor protecting Second Amendment rights. This case, which had […]

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