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Miranda Wallingford v. Robert Bonta

Court of Appeals for the Ninth Circuit · No. 21-56292 · 82 F.4th 797

Decided

⚖️Procedural — no merits ruling

Dismissed as moot after the restraining orders expired; no merits ruling.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

A married couple subject to California civil restraining orders obtained by a neighbor challenged, as applied to them, state laws barring anyone under such an order from possessing firearms or ammunition. While the appeal was pending the orders expired and a state court denied the neighbor's request to extend them, and the Ninth Circuit dismissed the case as moot, holding the 'capable of repetition, yet evading review' exception did not apply because a three-year order is long enough to litigate and renewed restrictions were speculative. Judge Collins dissented and would have reached the merits, rejecting Rooker-Feldman and Younger as bars to the suit.

Summarized from the court's opinion.

What this case is about

Second Amendment and due process challenge to California's ban on firearm and ammunition possession by persons subject to a civil restraining order

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.