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06/06/2012 102 ORDER, dated 06/06/2012, requesting supplemental briefing from the parties, FILED.[629947] [11-3642, 11-3962]
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From the briefing request:
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We hereby request supplemental briefing from the parties concerning the impact, if any, of the June 1, 2012 decision of this Circuit in United States v. Decastro, 10-3773. The requested briefing shall be submitted in the form of letter-briefs of no more than fifteen (15) single-spaced pages, and shall be filed no later than 5:00 p.m. on June 29, 2012. Reply briefs of no more than five (5) single-spaced pages shall be filed no later than 5:00 p.m. on July 13, 2012.
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This is about a bad case that has made bad case law. In
DeCastro, a criminal case, heightened scrutiny was not used because of the nature of the criminal action. There, the CA2 reasoned that mere rational basis could be used on any 2A claim that was far removed from the core right... In the Home!
The Decastro decision:
http://caselaw.findlaw.com/us-2nd-circuit/1602105.html