Summary
concluding that "the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments"
Summary of this case from Peruta v. County of San DiegoOpinion
No. 07-15763.
July 29, 2009.
Donald Kilmer, Jr., The Law Offices of Donald Kilmer, San Jose, CA, Don B. Kates, Esquire, Battleground, WA, for Plaintiffs-Appellants.
Thomas Peter Pierce, Richards, Watson and Gershon, Los Angeles, CA, Sayre Weaver, Esquire, Richards, Watson Gershon, Brea, CA, Richard E. Winnie, Esquire, Office of County Counsel, Oakland, CA, for Defendants-Appellees.
ORDER
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judge Rawlinson did not participate in the deliberations or vote in this case.