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I did a run-down on the appeal when it was first posted, and I observed the same things.

What it boils down to is, the appeal brief wouldn't pass muster with a high-school debate team. It doesn't stand a chance before the highest court.

They argue the "collective rights" thing, misconstruing the Miller ruling. Miller didn't specifically define "militia," it simply said that the sawed-off shotgun wasn't a military weapon. *

Then there's this gibberish from Presser:
Second, even if there is a right to possess and use weapons unrelated to militia service, the Second Amendment restricts only federal interference with state-regulated militias and state-recognized gun rights. Legislation enacted by the District does not implicate the Amendment.
"Even if there is a right?" They're already backing down from argument #1, and then they claim that the 2A doesn't apply to DC because the city isn't a state.

Third, in any event, the District law at issue in this case does not infringe whatever right the
Second Amendment could be read to protect, because it is eminently reasonable to permit private ownership of other types of weapons, including shotguns and rifles, but ban the easily concealed and uniquely dangerous modern handgun.
"In any event." Hm...still retreating. And, handguns are "uniquely dangerous?"

Failing all that, they say, "c'mon, we're just banning SOME weapons.

And if that doesn't work, they start quoting statistics. They even stoop to invoking Kellerman.

Of course, if all else fails, they still have the emotional appeal:

Whatever right the Second Amendment guarantees, it does not require the District to stand by while its citizens die.
Isn't "standing by" what they've been doing for the last 30 years?

With what they district's lawyers are presenting, I don't see any way the court, regardless of political climate, can fail to rule against the district.

I predict that we will all have Mayor Fenty to thank for striking a blow for gun rights in 2008. :lol:

* BTW, sawed-off shotguns WERE used in WWI. The troops sawed off the barrels of Winchester 1894's and used them as "trench brooms." The only reason this wasn't brought up at the Miller appeal was that none of the original defendents could be located.
 

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How can D.C.'s lawyers possibly be so stupid? Why even bring up the thing about handgun laws working. How is that even relevant to a constitutional challenge? Why pretend as if rifles and shotguns are legal when to be legal, they have to be disassembled and not have any ammo.

It must be a trick.
 

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LonelyMachines said:
* BTW, sawed-off shotguns WERE used in WWI. The troops sawed off the barrels of Winchester 1894's and used them as "trench brooms." The only reason this wasn't brought up at the Miller appeal was that none of the original defendents could be located.
Death has a way of doing that to a person.
 

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Gunstar1 said:
LonelyMachines said:
* BTW, sawed-off shotguns WERE used in WWI. The troops sawed off the barrels of Winchester 1894's and used them as "trench brooms." The only reason this wasn't brought up at the Miller appeal was that none of the original defendents could be located.
Death has a way of doing that to a person.
Really? I don't plan on taking up jogging or traveling the world upon my demise. You must be a bit more adventurous.
 
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