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Old July 28, 2012, 11:46 PM   #10
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,388
To my thinking the two greatest potential impediments to 2nd Amendment gains in appellate courts are (1) Activists (I can't bring myself to include the term "well-meaning" in Mr. Embody's case) who unabashedly provoke confrontation to generate a lawsuit, and (2) Defense attorneys who throw in 2nd Amendment defenses for criminal defendants in drug and/or weapons trafficking cases.
But the criminal defense attorneys at least have an ethical obligation to make non-frivolous arguments to benefit their clients. I'm a firm believer in the old adage, "bad facts make bad law."
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