Rupp Assault Weapon Challenge Panel Chosen
September 28, 2020- Rupp v. Becerra, a challenge to the California Assault Weapon Control Act that prohibit acquisition and possession of rifles in common use by law abiding citizens for lawful purposes, just got notice of the panel of judges who will hear the appeal in the Ninth Circuit.
Judge Andrew Hurwitz (Obama), Daniel Aaron Bress (Trump), and Patrick Bumatay (Trump) will serve on the panel to hear oral arguments of appeal in the case. These justices are known for their conservative stances on issues in the past and we are hopeful that the preservation of Second Amendment rights is high on their list.
Judge Bumatay, in a case determining gun rights for an individual who had been denied the ability to lawfully own or possess a firearm based on a 1999 mental hospitalization, noted in the dissent that the use of intermediate scrutiny was applied incorrectly in a case where a lifelong ban denies someone of their core rights “undermines Second Amendment jurisprudence…” Judge Bress not only joined Judge Bumatay in this dissent, but during his confirmation hearing noted that if confirmed, “I would faithfully apply Heller and all other precedents of the Supreme Court.”
Over the past four years, President Trump has worked hard to change the face of the Ninth Circuit Court of Appeal, once known as the most liberal and most over-turned circuit in the country. With 10 judicial appointments by Trump, this leaves only two more appointments in order to give conservatives the majority on the court. That is something that most never thought would happen. Second Amendment advocates are ever hopeful that this change to the court will offer more protections to law-abiding gun owners. At least the new panel that will hear the Rupp case is giving new hope that the protection of California citizens’ rights will be protected.
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