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DC Circuit strikes down DC gun law
How Appealing Blog ^ | 03/08/2007 | Howard Bashman

Posted on 03/09/2007 8:10:02 AM PST by cryptical

Edited on 03/09/2007 10:38:14 AM PST by Admin Moderator. [history]

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To: robertpaulsen

"And if could not be shown to be a common part?"

Absent more unchallenged lies on the part of the persecutor, there is no possible WAY it could not have been EASILY shown. Experience from the Great War (WWI) in the trenches, where sawed-off shotguns were pretty prevalent, would have easily shown the military untility of Miller's weapon. Hell's fire, they were very big in WWII in the Pacific and we used them in Vietnam, as well. I even saw one guy carrying a sawed-off M-14 rifle. A sawed off 12ga. is absolutely the ideal weapon for close-in work, bar none. It becomes useless after more than 15 yards or so, because the shot spreads too much, but under that range, you are virtually guaranteed a rather messy kill.


1,141 posted on 03/13/2007 7:59:38 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: dcwusmc
There's a difference between "useful to a militia" and the U.S. Supreme Court's remand to the lower court with, "has some reasonable relationship to the preservation or efficiency of a well regulated militia".

Anything is "useful" to a militia. But the question was whether Miller's weapon was one that would be used by average Militia member to take into combat and be effective.

I don't think his weapon would have qualified. In my opinion. We'll never know.

1,142 posted on 03/13/2007 8:11:34 PM PDT by robertpaulsen
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To: robertpaulsen
In this post you changed that to "fundamental; which belong, of right, to the citizens of all free governments".

I changed nothing. Justice Washington simply defined P&I and stated Article IV encompassed it.

Q: Do such privileges and immunities include those recognized in the Bill of Rights?

Bits and pieces.

So the Courts have said. Do you believe the phrase "Privileges and Immunities", as it applies to the national government, should include all of the BOR?

1,143 posted on 03/13/2007 8:11:57 PM PDT by Ken H
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To: robertpaulsen

"The Supremacy Clause doesn't mean everything in the contract applies to the states. Otherwise the states could coin money and set up Post Offices."

bobby, learn to read with comprehension. Article I, sec 8,

"The Congress shall have Power...To coin Money, regulate the Value thereof...To establish Post Offices and post Roads..."

then we have:
Amendment X
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

And since the power to coin money and to establish post offices IS, in fact, delegated to the (Congress of the) United States, I guess that shoots you right down, doesn't it?

Then we have:
Article VI
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Now can you point out where the Constitution says otherwise, since we have here its relevant words?


1,144 posted on 03/13/2007 8:15:09 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: robertpaulsen

"We'll never know"??????????????
You mean you'll never know.
The term "shall NOT be ingringed" pretty much covers whatever one can use to accomplish what one needs.


1,145 posted on 03/13/2007 8:15:38 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: robertpaulsen

You haven't answered where the state militia's are.
Where are they?


1,146 posted on 03/13/2007 8:18:28 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: y'all
Some fresh comments on the issue:


Rearming - The D.C. gun ban gets overruled
Address:http://www.freerepublic.com/focus/f-news/1800480/posts
1,147 posted on 03/13/2007 8:19:46 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: robertpaulsen
As a state, would you accept some military historian telling you what you may have in the way of weaponry?

Sure, if he were my expert witness.

1,148 posted on 03/13/2007 8:24:16 PM PDT by Ken H
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To: robertpaulsen
Take the same shot shell and fire it through a 20" barrel and a 16" barrel and there's a big difference. Cool it with your equivocating with chokes and loads and powders.

I'm not equivocating, I'm educating.

Again, you are incorrect, there is very little difference in the pattern. The pattern is almost entirely a function of the choke. Now it's true that if you cut off the barrel of a full or modified choke 20" barrel (not that a 20" barrel is likely to have anything but a cylinder choke, that is no choke at all) and don't install a choke tube, you will get a wider pattern, since you will have changed chokes. But most 20" shotguns, and my 18.5" one, already have cylinder chokes.

IIRC, correctly about the shortest choked barrel I've seen was a 21" Remington 870 Upland Game model, but even for upland game, or skeet, most folks like a 24 or 26 inch barrel. When I hunted with the fellow who owned it, another hunter in the group asked him if he was going to shoot pheasants with it, or rob a bank with it. :)

Mine is 24", and my father in law, who had an otherwise identical Browning, was jealous, and wanted to trade barrels, even though his is only 2" longer. :) Both of them have screw in choke tubes, so they can have most any choke we want. I have tubes for Full, Modified and Improved Cylinder. IC is still some restriction.

The real advantage to a short shotgun is that is more handy. You can more easily use it in confined spaces, such as inside or coming out of a vehicle, or in your hallway.

1,149 posted on 03/13/2007 8:31:34 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Ken H

Don't let paulsen try to change the focus.
What a state can and cannot use to equip it's forces is not the issue.
What private citizens can or cannot own is the issue as guaranteed by the 2d amendment to not be infringed by any laws.


1,150 posted on 03/13/2007 8:32:12 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: smoketree

I just don't have the time to answer your question. I thought you understood that.


1,151 posted on 03/13/2007 8:46:57 PM PDT by robertpaulsen
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To: robertpaulsen

You mean you can't answer because you have no answer.

Where are these so called state militia's?????????????
If you can't back up what you say then you should stop saying them.


1,152 posted on 03/13/2007 8:51:01 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: robertpaulsen

No you don't have time to remember the nonsense you post, that is the problem.


1,153 posted on 03/13/2007 8:52:47 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: Ken H
"Do you believe the phrase "Privileges and Immunities", as it applies to the national government, should include all of the BOR?"

Of course not. And neither did the Founders. They never would have stood for it.

Go pick on your buddy -- he thinks Article VI applies the BOR to the states. Go convince him that Article IV applies the BOR to the states.

The blind leading the blind.

1,154 posted on 03/13/2007 8:52:55 PM PDT by robertpaulsen
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To: dcwusmc
"And since the power to coin money and to establish post offices IS, in fact, delegated to the (Congress of the) United States, I guess that shoots you right down, doesn't it?"

Nope. Article VI says the constitution is the law of the land, meaning it's the law of the states also. Correct?

Which means the states can print money. It's right there in the constitution. You even pointed it out. If it's in the constitution, it applies to the states because of the supremacy clause.

Here's proof. The first amendment says Congress shall make no law ...(just like is says Congress has the power to coin money). Yet the first amendment applies to the states, doesn't it? Same thing with printing money. Article VI says so.

1,155 posted on 03/13/2007 9:02:35 PM PDT by robertpaulsen
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To: robertpaulsen

WOW!!!!!!!
You are out there.
Hillarious the stuff you come with.


1,156 posted on 03/13/2007 9:06:42 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: robertpaulsen
Say do have any recommendations on what kind of drugs to take to escape from reality because you sure have.
1,157 posted on 03/13/2007 9:09:21 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: Ken H
"Sure, if he were my expert witness"

Who's "my"? The prosecutor? The defense atorney? The defendant?

And that testimony would then apply to the militia of all 48 states?

1,158 posted on 03/13/2007 9:09:44 PM PDT by robertpaulsen
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To: robertpaulsen

I think the phrase that applies to you is; "stuck on stupid".


1,159 posted on 03/13/2007 9:11:43 PM PDT by smoketree (the insanity, the lunacy these days.)
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To: dcwusmc; y'all
A sawed off 12ga. is absolutely the ideal weapon for close-in work, bar none. It becomes useless after more than 15 yards or so, because the shot spreads too much,

Years ago I sawed off a beat up old Sears boxlock dbl to 26" and patterned it at 40 yds with #4 buck.. Almost all pellets were within a 5' circle.

I then cut it down to 22", and it put nearly all of its 21 pellets in an approx 6' circle.

Finally, cut down to a bit over 18" the gun still put [consistently] 90% of its 21 pellet #4 buck load into a 72" circle at 40 yards.
-- A standing man at the center of that circle would get hit by at least 4 to 6 .24 caliber pellets, still moving at 800FPS or so..

Never sell buckshot 'short', -- it's still lethal at 40 yards.

1,160 posted on 03/13/2007 9:14:56 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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