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Old 07-08-2022, 17:47   #1563
bubba
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Join Date: Mar 2005
Location: Up in a Mountain Patrol Base, away-away / provides-provides and defendable for a short period of time
Posts: 537
This line from the filing (I’m only about half way through reading it) really stands out…..

“the Government must prove the particular regime in question is consistent with the history and tradition of the United States. Id at *15. Furthermore, the question of whether a weapon is “in common use at the time,” necessarily pins the analysis to the time before the prohibition. To consider otherwise would incentivize the Government to legislate wantonly and aggressively, seizing arms, then later evade constitutional scrutiny by suggesting that the arms cannot be in common use, because the Government prohibited them. Such circular logic would be inconsistent with any fundamental rights jurisprudence”
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