District Court's MemorandumWe've talked about this before. It's a machine gun possession case.
Ruling in response to a petition by Hamblen for habeas corpus. "The Court concludes that Petitioner [Hamblen] has made a substantial showing of the denial of a constitutional right as to his Second Amendment claim..."
Hamblen's Brief
Hamblen's brief for reversal of conviction based on Second Amendment grounds.
Government's Response
Government's answer to Hamblen's Brief. [More]
Some "self-defense advocates" would prefer Richard. Hamblen not defend himself. They would prefer someone they themselves want nothing to do with to take one for the team.
We've had, what, 75 years for the "right case" to come along?
5 comments:
The gov't states "he must be denied any relief because "[i]t is the function of the trial judge to determin the law of the case. It is impermissible to delegate that function to a jury through the submission of testimony on controlling legal principles.""
Well, my friends... the gov't doesn't like the jury one bit. It's the jury that decides if the law is applicable and if the law is just. the jury can acquit without reason, even with controlling "principles." Be afraid. Be very afraid of government lawyers.
Judge Campbell just said that the Second amendment guarantees a right to bear arms, "of the type in common use at the time". The Federal Government can dictate what weapons are the ones "in common use".
So yeah, sure. You have a right protected by the 2A. The government will hence forth tell you exactly which weapons you are "free" to own, because it determines which ones are available.
Crapola! Garbage! Shyster! Power monger son of a dog!
I would continue, but I would say something rude.
The pretzel logic in the gov't brief is staggering.
Of particular note, the matter of claiming that firearms of which unregistered ones have been unconstitutionally banned by fiat for almost one hundred years are not "typically possessed" by "law-abiding citizens", and thus not applicable under the Second Amendment telling gov't HANDS OFF PRIVATE ARMS is hilarious to the point of tears.
Also did anyone notice what I warned about after the Heller decision? That it applied to "handguns in the home". I told you Heller was not a win, but a road map for gun banners.
Way to go Heller. Next time can you bring some lube?
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