Breaking: 9th Circuit Defies Supreme Court Votes Against 2A

Published on May 9, 2025
Duration: 7:08

The Ninth Circuit Court of Appeals has reversed a previous panel decision, ruling that 18 U.S.C. § 922(g)(1) is constitutional as applied to non-violent offenders. This decision allows for the removal of Second Amendment rights for individuals convicted of offenses punishable by more than one year imprisonment, even if they are non-violent and have re-entered society. This ruling contradicts the spirit of recent Supreme Court decisions like NYSRPA v. Bruen and is seen by some as judicial activism.

Quick Summary

The Ninth Circuit Court of Appeals has ruled 18 U.S.C. § 922(g)(1) constitutional as applied to non-violent offenders, allowing firearm rights to be revoked for those convicted of offenses punishable by over one year imprisonment. This decision, made during an en banc rehearing of United States v. Dwarte, reverses a prior panel's finding and is criticized for potentially undermining Second Amendment protections.

Chapters

  1. 00:00Introduction: 9th Circuit's Latest Ruling
  2. 00:14Harmy Dylan on 2A as Civil Rights
  3. 00:53New Ninth Circuit Decision Against 2A
  4. 01:34Previous Panel Decision on Non-Violent Felons
  5. 02:01Judge Van Djk's Role and Dissent
  6. 02:20Understanding 18 U.S.C. § 922(g)(1)
  7. 02:39The Case of Steven Dwarte
  8. 02:57Challenging 922(g)(1) Post-Bruen
  9. 03:23En Banc Rehearing of United States v. Dwarte
  10. 03:54Ninth Circuit's Reversed Ruling
  11. 04:15Upholding the Non-Violent Felon Ban
  12. 04:30Judge Van Djk's Dissenting Opinion
  13. 04:50Quotes from Judge Van Djk's Dissent
  14. 05:39Key Takeaway: Impact on States
  15. 06:14Hope for Supreme Court Review
  16. 06:31Ninth Circuit's Flip-Flop Pattern
  17. 06:46Conclusion and Call to Action

Frequently Asked Questions

What is 18 U.S.C. § 922(g)(1) and how does the Ninth Circuit's ruling affect it?

18 U.S.C. § 922(g)(1) prohibits firearm possession by individuals convicted of offenses punishable by over one year imprisonment. The Ninth Circuit recently ruled this law constitutional even for non-violent offenders, reversing a prior panel's decision and potentially impacting Second Amendment rights.

What was the significance of the Ninth Circuit rehearing the United States v. Dwarte case en banc?

Rehearing the case en banc meant the entire Ninth Circuit panel reconsidered United States v. Dwarte. They decided to hear it 'de novo,' treating it as a new case and ultimately overturning the previous panel's ruling that had favored the non-violent offender.

How does the Ninth Circuit's ruling in Dwarte relate to the Supreme Court's decision in NYSRPA v. Bruen?

The Ninth Circuit's decision is seen by critics as contradicting the spirit of NYSRPA v. Bruen, which affirmed Second Amendment rights as fundamental. The Dwarte ruling allows for the removal of these rights based on prior convictions, even for non-violent offenses, which opponents argue is inconsistent with Bruen.

What concerns are raised about the Ninth Circuit's handling of Second Amendment cases?

Critics, including Judge Van Djk in his dissent, express concern that the Ninth Circuit exhibits a 'deep-seated prejudice' against the Second Amendment. They argue the court treats it differently than other constitutional rights, often upholding restrictions that would not be tolerated for other liberties.

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