Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others. Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before it since Heller, the court upheld the restriction on the right to keep and bear arms. Our brief explains why the Ninth Circuit and other lower federal courts are blatantly disregarding the Supreme Court’s rulings in Heller and McDonald in such decisions, instead applying the position advanced by Justice Breyer in dissent.
