Niles

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 20 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID E. NILES, No. 25-63 D.C. No. Plaintiff - Appellant, 3:24-cv-05597-MJP v.

MEMORANDUM**

UNITED STATES OF AMERICA;

NICHOLAS W. BROWN*,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted March 3, 2026 Seattle, Washington

Before: McKEOWN, PAEZ, and BRESS, Circuit Judges.

David Niles presents Second Amendment challenges to three statutes: the

Washington law that directs courts to prohibit firearm possession upon entry of a

qualifying protection order, Wash. Rev. Code § 9.41.800; the Washington law that

* Nicholas W. Brown is substituted in for Robert Ferguson in his official capacity as Attorney General of Washington. See Fed. R. App. P. 43(c)(2). ** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. criminalizes firearm possession by individuals subject…