John Teixeira v. County of Alameda ( 2016 )

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 27 2016 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS JOHN TEIXEIRA; STEVE NOBRIGA; No. 13-17132 GARY GAMAZA; CALGUNS FOUNDATION, INC., (CGF); D.C. No. 3:12-cv-03288-WHO SECOND AMENDMENT Northern District of California, FOUNDATION, INC., (SAF); San Francisco CALIFORNIA ASSOCIATION OF FEDERAL FIREARMS LICENSEES, (Cal-FFL), ORDER Plaintiffs-Appellants, v. COUNTY OF ALAMEDA; ALAMEDA COUNTY BOARD OF SUPERVISORS, as a policy making body; WILMA CHAN, in her official capacity; NATE MILEY, in his official capacity; KEITH CARSON, in his official capacity, Defendants-Appellees. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 2