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Old May 23, 2012, 09:40 PM   #146
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,563
Today, the appellant, Shepard and Moore, was to have filed briefs in reply to the State. Nothing has yet shown up in the docket for Moore but the attached brief did show up for Shepard.

39 pages, which I have yet to read.

I did catch this little gem, in the opening statements. Y'all will like it:

The State’s primary defense of its unique law banning all carrying of operable firearms in public is that the Second Amendment does not guarantee an individual right to bear a firearm outside one’s home for personal defense. State Br. at 8, 14. Rather, the Second Amendment right to bear a firearm in public is collective in nature, tied exclusively to service in the militia and arising only when necessary for the common defense against “an oppressive military force if the constitutional order [breaks] down.” State Br. 17, quoting District of Columbia v. Heller, 554 U.S. 570, 599 (2008).
And y'all thought the collective rights argument was dead!!

ETA: OK, for whatever reasons, my wires were crossed. This is the final reply brief by the appellant/Plaintiff Shepard. Still waiting for Gura's brief in Moore.
Attached Files
File Type: pdf 36-Shepard Appellee Response Brief.pdf (189.6 KB, 11 views)

Last edited by Al Norris; May 24, 2012 at 12:56 AM. Reason: got my wires crossed.
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