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Parker (DC case) brief online
Posted by David Hardy · 2 June 2006 10:44 AM
Plaintiffs' brief in the Parker case, pending in the DC Circuit, is online in pdf here.
I've only had a chance to skim it (79 pages) but it looks VERY good. They did a solid job of developing standing, and make an interesting argument that the DC Circuit has implicitly adopted an individual rights view in deciding an FOP challenge to misdemeanor DV gun ban as applied to police officers.
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As I read it, my thought was, "how is the court going to weasel out of this one?"
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Good brief. I find it hard to believe that any federal circuit, when presented with the analysis presented in the brief or in Emerson, could find for the collective rights view.
Well, the Ninth Circuit is the exception - they'll do anything they want, regardless of the law.