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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1681  
Old 10-22-2021, 3:32 PM
TruOil TruOil is offline
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It goes to the en banc panel. When en banc was granted, the 3 judge panel decision was vacated. What that panel does then is highly dependent upon what the Supreme Court does in the NYSRPA case. As you know already, by narrowing the issue to the concealed carry issue only, there is a suggestion that the Court is attempting to avoid the open carry question all together. If it does so, whether it will then take up Young to address open carry is unknowable at this time, although the issue is squarely presented because the en banc panel eliminated any right to carry outside the home.

If the Court holds that there is a right to bear arms outside the home, it may just return Young for redetermination in view of that holding, letting it percolate up again in a couple of years. I think that we are all aware that the Ninth drags its feet in deciding any case that might result in an expansion of gun rights.
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  #1682  
Old 10-22-2021, 8:55 PM
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Paladin Paladin is offline
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It goes to the en banc panel. When en banc was granted, the 3 judge panel decision was vacated. What that panel does then is highly dependent upon what the Supreme Court does in the NYSRPA case. As you know already, by narrowing the issue to the concealed carry issue only, there is a suggestion that the Court is attempting to avoid the open carry question all together. If it does so, whether it will then take up Young to address open carry is unknowable at this time, although the issue is squarely presented because the en banc panel eliminated any right to carry outside the home.

If the Court holds that there is a right to bear arms outside the home, it may just return Young for redetermination in view of that holding, letting it percolate up again in a couple of years. I think that we are all aware that the Ninth drags its feet in deciding any case that might result in an expansion of gun rights.
Do you have a rule/s from FRAP for that?

I agree with you except since the GVR after NYSRPA will vacate the en banc decision I think it goes down to original 3-judge panel to redo with new law and directions that should be clear enough for a 3-judge panel to decide the case. If loser there thinks 3-judge panel was wrong (e.g., our side if we lose and think the judges are resisting SCOTUS), they can then ask for en banc review. I don’t see a majority of those judges wanting to get slapped down yet again on similar issue. If we win then and HI seeks cert, it will be denied. (Similar if we win at 3-judge and HI asks for en banc I expect them to be denied.)

JMO

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Last edited by Paladin; 10-22-2021 at 9:00 PM..
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  #1683  
Old 10-23-2021, 4:15 AM
press1280 press1280 is offline
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Do you have a rule/s from FRAP for that?

I agree with you except since the GVR after NYSRPA will vacate the en banc decision I think it goes down to original 3-judge panel to redo with new law and directions that should be clear enough for a 3-judge panel to decide the case. If loser there thinks 3-judge panel was wrong (e.g., our side if we lose and think the judges are resisting SCOTUS), they can then ask for en banc review. I donít see a majority of those judges wanting to get slapped down yet again on similar issue. If we win then and HI seeks cert, it will be denied. (Similar if we win at 3-judge and HI asks for en banc I expect them to be denied.)

JMO

I'm thinking it goes back to the en banc panel who will then send it back to the 3 judge panel. I think this is what happened in Nordyke.
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  #1684  
Old 10-23-2021, 5:50 AM
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I'm thinking it goes back to the en banc panel who will then send it back to the 3 judge panel. I think this is what happened in Nordyke.
Okay, that I could see where they technically give it to the en banc but the en banc does not rehear and decide it again but just sends it back down to the 3-judge panel.
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