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Old 03-05-2009, 11:47 AM
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Matt C Matt C is offline
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Quote:
Originally Posted by bwiese View Post
Yes, but there's still risk of drama around 'subseries' and the RRA situation.

The question revolves around how well the Kasler list requires identification.

Even though RRA LAR15s are off-list, the RRA Standard A2 Carbine may well pass muster for listing's sake: it's an identifiable make/model that can be avoided.
I think you are missing what I'm saying here, I am in fact talking about nullifying all of the Roberti-Roos list. Nordyke may help as it would allow us to argue that the equal protection violation also burdens a protected right, but we can and should pursue this independent from Nordyke and regardless of its outcome.

In Kasler v. Lockyer the court said the list only passed constitutional muster because the law provided:

Quote:
a mechanism for adding others [weapons not on the list] "which are only variations of these weapons, which are the same weapon but manufactured or sold by
another company under a licensing agreement, or which are new
models manufactured or sold by any company with just minor
modifications or new model numbers in order to circumvent the
[AWCA's] prohibitions"
That mechanism no longer exists.

Quote:
Originally Posted by bwiese View Post

The problem is the case will likely revolve around a client popped for AW violation. The case will most likely go away, and the client's interests come first so there's no ethical way of stretching the case out that far.

We're bettah off just defending the odd case, they'll go away fast/cheap.
Criminal court is a terrible place to make case lase, I'm talking about a civil suit (hence going on the offensive).
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