Petition for Rehearing En Banc Filed in Hollis v. Lynch

Yesterday, we filed the Petition for Rehearing En Banc in Hollis v. Lynch. A summary:

En banc review is necessary for this Court to consider a question of exceptional importance: whether the Second Amendment protects a bearable arm; an M16 machinegun lawfully owned by a law-abiding citizen. In holding that the Second Amendment does not protect bearable machineguns, the panel diminished the holding in District of Columbia v. Heller, 554 U.S. 570 (2008) then elevated Heller’s dicta to binding precedent. The panel did not address or resolve Appellant’s as-applied challenge to the law. The panel did not conduct a historical analysis to determine if the arm was in the scope of the Second Amendment as understood when the Second Amendment was ratified because, as Heller stated: “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad. Id. at 634–35.

You can read the entire filing here.


Featured Posts
Recent Posts
Archive
Search By Tags
No tags yet.
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST

 

​​​​​This website has been prepared by Stamboulieh Law​, PLLC for informational purposes only. The information contained herein is not legal advice, and recipients of content from this site, clients or otherwise, should not rely on the information contained herein without seeking appropriate legal or other professional advice. Viewing this site or communicating with a Stamboulieh Law, PLLC attorney via e-mail, through this site or otherwise, does not constitute or create an attorney-client relationship between Stamboulieh Law, PLLC and any person or entity. Confidential information should not be sent to the firm without the prior approval of the firm, and the content of any correspondence sent via the Internet will not be considered or maintained as confidential unless such approval is obtained.​

 

​​​​© 2019 by Stamboulieh Law, PLLC.