The case centers on a constitutional challenge filed by Mark Baird against California Attorney General Rob Bonta. Baird initiated the lawsuit in the Eastern District of California in 2019, contesting specific state gun regulations, though the exact provisions at issue are not detailed in the brief order granting review.
Chief Judge Mary Murguia issued the order on April 15, 2026, stating that a majority of nonrecused active judges voted to rehear the case en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3.
The order explicitly vacates the opinion previously issued by the three-judge panel. This procedural move clears the way for the full court to reconsider the merits of the dispute.
En banc review in the Ninth Circuit typically involves 11 judges drawn from the court's active membership. The full court will rehear the case, potentially leading to a more definitive ruling on the constitutional questions at stake.
The decision to grant en banc review suggests the court views the Second Amendment challenge as raising significant constitutional issues worthy of the full court's consideration. Such reviews are relatively rare and generally reserved for cases involving questions of exceptional importance or conflicts with prior circuit precedent.
The underlying litigation originated in Sacramento, where Baird first filed his constitutional challenge. The case represents one of several significant Second Amendment disputes currently navigating the federal court system.