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Parker (DC case) response brief online
The DC government's brief in Parker (challenging DC gun ban and other restrictions) is online in pdf form here.
Hat top to reader Jim Archer, who observes that it lists states that supposedly did not guarantee an individual right to arms (p.29, pdf pg. 40) as including Rhode Island. That's an interesting way of putting it -- RI had *no* constitution until 1842, he notes.
I've skimmed the brief, and it strikes me that they're advocating Saul Cornell's "civic individual right" instead of the earlier "collective right" approach.
3 Comments
why is it that in nearly every government brief I'm reading a reference to the DoJ's sudden turnaround in it's belief of an individual right 'which differs from NEARLY 65 YEARS of judicial precedence? What about the 150 years before then?
And, of course, those cheap Saturday-Night Specials, the M-9. ;-)
The brief is a full court press of revisionist history. I have debunked Miller’s interpretation of Virginia law here before. They misquote George Mason and most importantly they cannot explain the Fairfax County Independent Company of Volunteers founded by George Mason on September 21, 1774. It is clear they have no concept of 18th century life or the militia and transform the militia into a civic organization. Even if one was to believe the premise that Miller is controlling and only arms suitable for militia duty are protected classes of weapons, then reason dictates that the residents of the District of Columbia are allowed to own fully automatic M-16’s, M-14’s, or M-60’s, Etc and the NFA tax in of itself on machine guns is unconstitutional as it actively discourages militia members from obtaining those weapons.