In gun cases, rationality has always been a difficult hurdle for judges,
state or federal.  Steve, good luck in the appeal.   Joe
 
Professor Joseph Olson, J.D., LL.M.         o-  651-523-2142  
Hamline University School of Law             f-   651-523-2236
St. Paul, MN  55113-1235                        c-  612-865-7956
jol...@gw.hamline.edu                               

>>> <prot...@aol.com> 3/30/2010 3:45 PM >>>

Statistics are appropriate on whether firearm types are in “common use,”
and we put on evidence that 2 million AR15s have been produced for the
civilian market.  But it was enough for the court that a committee
report alleged “assault weapons” are not in common use to make that
finding.  That does not even pass the rational basis test.
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