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Bush Lawyers Target Gun Control's Legal Rationale
THE WALL STREET JOURNAL ^ | January 7, 2005 | JESS BRAVIN

Posted on 01/07/2005 9:56:54 AM PST by neverdem

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To: Paul C. Jesup
IIRC, the defendants/appellants had made bail. They then disappeared. I can't remember if they dropped off the face of the earth or their bodies were found...either way it doesn't matter. They never briefed their side of the argument. The Government did - and in it's brief conceeded that the Second Amendment protects an individual right.

SCOTUS did not dismiss the case for lack of standing - a requirement for the appellants to even be able to appeal - and then proceeded to issue an opinion stating the type of weapon was not used by the military. An erroneous statement of fact (as sawed-off shotguns were commonaly used by the military and police (riot guns)) taht most likely would have come out if the appellants had been their to brief/argue their side of the case.

The antis and the media miss the most important fact...SCOTUS 1) heard the case and 2) issued an opinion that implictly says if the firearms were of military utility that at the very least there would have to be further analysis of the interaction between the law in question and the second amendment...two procedural issues that would not arise if the appellants did not have standing to bring the appeal in the first place; i.e., that they did not have a second amendment right that was being impacted adversly by the law in question.

Yet the antis continue to mis-state Miller...something that their lawyers should be disciplined for - they are intentionally mis-stating the law of that case.

261 posted on 01/17/2005 5:12:19 AM PST by Abundy
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To: Abundy
either way it doesn't matter.

It matters big time. If you murder the defendants so they cannot defend themselves, nor their position, then the ruling in the case after this has no legitimacy whatsoever.

262 posted on 01/17/2005 5:08:47 PM PST by Paul C. Jesup
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To: Paul C. Jesup

Their is no evidence the government murdered the defendants. We are talking about gangland individuals here...


263 posted on 01/18/2005 4:39:33 AM PST by Abundy
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To: Abundy

their=there...never post before coffee.


264 posted on 01/18/2005 4:39:59 AM PST by Abundy
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To: Abundy
There is no evidence the government murdered the defendants. We are talking about gangland individuals here...

Never said the government did it. Probably some political socialists, if anyone at all. The socialists during the 30's were nearly as extreme, if not more extremist, than the 60's and 70's socialists.

265 posted on 01/18/2005 4:53:27 AM PST by Paul C. Jesup
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