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Old 12-13-2012, 7:17 PM
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Purple K Purple K is offline
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Quote:
Originally Posted by Kukuforguns View Post
In order for Mehl to derail Richards/Peruta, essentially two things need to happen: (1) the court issues an opinion affirming the lower court's various orders against Mehl; and (2) the court's opinion is based on the conclusion that there is no right to bear arms in public. Courts normally try to base their opinions on the least controversial grounds possible. In other words, if settled law provides an avenue for resolving an appeal, the court will usually base its decision upon settled law. In the civil rights context, skillful lawyers attempting to change the law craft the appeal to raise very limited issues - thereby forcing the court of appeal to address the unresolved issue(s). This is, in my opinion, one of Gura et al.'s greatest strengths.

I haven't spent a lot of time reviewing the Mehl case, but based upon the general FUBAR nature of what I have seen, there are likely a number of ways for the court to rule against Mehl without reaching the critical issue of the right to carry in public. For example, the Mehl case was not narrowly crafted, but instead implicated a number of issues.

If the Mehl panel issues an opinion affirming the lower court orders on a basis other than the meaning of the Second Amendment, then the Richards/Peruta panel will have free rein to consider whether there is a right to carry a loaded weapon in public. This is, in my opinion, the most likely outcome.
That's pretty close to what I suspected... But then I started doubting myself.
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