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9th Circuit Issues Important Gun-Rights Decision

2nd Amend.

9th Circuit Issues Important Gun-Rights Decision

It took nearly two years but this morning the 9th Circuit Court of Appeals issued a decision written by ninety year old judge Harry Pregerson which created a framework in the 9th Circuit for deciding Second Amendment cases.

The court of appeals adopted a “Two Step Inquiry” (1) If the challenged law burdens conduct protected by the Second Amendment then (2) courts are directed to apply an appropriate level of scrutiny.

This is an important decision because when the US Supreme Court decided District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010) the cases involved bans. The High Court did not describe a framework for the courts to use to evaluate laws that fell short of outright bans as was the case in Heller and McDonald.

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