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Constitutional Law

May 19, 2025

Firing blanks at history: How the 9th Circuit misfires on the 2nd Amendment

The Ninth Circuit's decision in Duarte upheld a lifetime gun ban for non-violent felons, clashing with Bruen's historical test and deepening a circuit split that now begs for Supreme Court review.

Jason A. Davis

Firearms Law Attorney
The Davis Law Firm

Phone: (866) 545-4867

Email: Jason@calgunlawyers.com

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Firing blanks at history: How the 9th Circuit misfires on the 2nd Amendment
Shutterstock

The Ninth Circuit's en banc decision in United States v. Duarte (filed May 9, 2025) raises significant concerns about the application of the Supreme Court's Second Amendment framework, as established in New York State Rifle & Pistol Ass'n, Inc. v. Bruen (597 U.S. 1, 2022) and clarified in United States v. Rahimi (602 U.S. 680, 2024). By upholding 18 U.S.C. § 922(g)(1)--which prohibits felons from possessing firearms--for non-violent felon Steve...

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