[US Navy Vet]

Is this a good thing?

[neverdem]

Can’t say, but IIRC, the 9th Circus is the most overturned Circuit Court in the U.S.

[Durus]

If the Ninth Circuit held that a ban on gun possession on county property was unconstitutional it would be huge. I think it would be the logical conclusion...but then the 9th isn't famous for it's logic.

[Durus]

If the Ninth Circuit held that a ban on gun possession on county property was unconstitutional it would be huge. I think it would be the logical conclusion...but then the 9th isn't famous for it's logic.

[antiRepublicrat]

It’s a very good thing if even the Ninth Circus is realizing it may have to rethink its decisions in light of MacDonald.

[Still Thinking]

Is this a good thing?

It can't hurt. The panel previously found that (1) the right was incorporated and (2) could be subjected to a county premises ban.

They've now asked the parties to explain how they feel McDonald affects this case. McDonald was unequivocal that 2A was an individual right, in fact a "fundamental" right, and that it was incorporated against states. So in looking to McDonald, the panel can't possibly be trying to open the door to reconsidering their first conclusion, that the right was in fact incorporated. The only explanation is that they're open to reconsidering the other part, that a county property ban meets the required level of scrutiny, no doubt especially in light of McDonald's fundamental right finding. That sets the bar pretty high for government who wish to regulate or limit such a right.