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To: Kaslin
This was actually a really well written decision. I read through it yesterday. It actually got a bit snarky at points. The judge really did everything he could to cover all bases and objections that the liberal 9th circus will likely bring up.

I fully expect the 9th to overturn this on appeal. One would hope that the supreme court would hear it after that, but, they seem to be terrified of actually deciding a case that really elaborates on the 2nd Amendment.

One thing I noticed about this opinion is that despite eviscerating many canards that are common surrounding the 2nd Amendment, the judge STILL incorrectly interprets the Miller opinion. As I have said here many, many times, the key bit of U.S. v Miller is the following:

=snip=
In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.
=end snip=

What this means is that the court was not told that sawed-off shotguns were used extensively in trench warfare during WWI. Had that court been informed of this, the decision likely would have gone the other direction. It would also have made for a very easy challenge of the rest of the statute.

8 posted on 06/07/2021 9:27:11 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: zeugma

Lots of understandable
Info,
Twice as Many
Modern rifles sold in
2018 as F-150s’.
Ha!


9 posted on 06/07/2021 10:50:40 AM PDT by Big Red Badger (Be Still and Know that I Am God. Rev 19)
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To: zeugma
...that merely because a civilian rifle has characteristics that are useful in the military “does not detract from the constitutional protection afforded for self-defense.”

In fact those are the features the Miller court implied would be protected by 2A.

10 posted on 06/07/2021 11:51:49 AM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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