He is talking about Young v.State of Hawaii.
Yes, it is a three judge panel, and an appeal has been filed for an en banc ruling.
But the Ninth Circuit has ruled they will wait on the New York Rifle and Pistol Club case to be settled by the Supreme Court before they will hear the case en banc.
Yes, but while they wait, the original three-judge ruling has been set aside. The Ninth Circuit is free right now to rule in favor of the Second Amendment. They refuse to do that until and unless the Supreme Court leaves them no choice.