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Old August 11, 2012, 04:31 PM   #15
jonbirdt
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Join Date: November 24, 2010
Posts: 24
It is not monumental, but it also isn't a single quote from Heller, it is two statements put together to make a clear statement. Any other time an Appellate or trial Court has discussed these issues, they have qualified it as being limited to the home (except Woollard). This isn't a home run, but it is a base hit and will be quoted in at least 3 9th Circuit briefs by the end of the year. I am not aware of any other Circuit doing that. Being able to cite, in a 9th Circuit Appellate Brief the conclusion you want them to draw, when they have already drawn it is a very positive step forward. I suspect a few associates are working this weekend to prepare notices of supplemental authority which have already been filed in at least one case as of Friday.
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