The order states that a majority of nonrecused active judges voted to rehear the case pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The panel's prior opinion is vacated.
Mark Baird filed the underlying suit against California Attorney General Rob Bonta in the Eastern District of California in 2019. The order granting rehearing does not specify which provisions of state firearms law Baird contests.
En banc panels in the Ninth Circuit generally consist of 11 judges drawn from the court's active membership. The full court will rehear the case on the merits.
The order does not set a schedule for supplemental briefing or oral argument. It also does not identify which judges sat on the vacated panel or summarize their reasoning.