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To: Woahhs
Federal circuit court decisions have uniformly cited Cruikshank, Presser, and Miller as upholding the propositions that the second amendment is a limitation only on the power of the federal government as a protection for the states in the maintenance of their militia organizations against possible encroachments by the federal power, is not applicable to the states and thus is not a limitation on the power of the states, and is a guarantee of a collective right of the people to keep and bear arms rather than an individual right. See Cases v. United States, 131 F.2d 916 (1st Cir. 1942); United States v. Kozerski, 518 F.Supp. 1082 (D. N.H. 1982), aff'd 740 F.2d 952 (1st Cir. 1984); United States v. Tot, 131 F.2d 548 (3rd Cir. 1942); Eckert v. City of Philadelphia, 329 F.Supp. 845 (E.D. Pa. 1971), aff'd 477 F.2d 610 (3rd Cir. 1973); United States v. Johnson, 497 F.2d 548 (4th Cir. 1974); Love v. Peppersack, 47 F.3d 120 (4th Cir. 1995); United States v. Johnson, 441 F.2d 1134 (5th Cir. 1971); United States v. Warin, 530 F.2d 103 (6th Cir. 1976); Quilici v. Village of Morton Grove, 532 F. Supp. 1169 (N.D. Ill., E.D. 1981), aff'd 695 F.2d 261 (7th Cir. 1982); United States v. Hale, 976 F.2d 1016 (8th Cir. 1992); Fresno Rifle and Pistol Club, Inc. v. Van de Kamp, 746 F. Supp. 1415 (E.d. Ca. 1990), aff'd 965 F.2d 723 (9th Cir. 1992); United States v. Oakes, 564 F.2d 384 (10th Cir. 1977).

1997-017 | 2/7/1997 | Kansas Attorney General Opinion


218 posted on 05/06/2002 12:39:03 AM PDT by Roscoe
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To: Roscoe
And living my first 16 years in Kansas a rifle in plain sight was a necessary "fashion statement". I never felt “infringed”. LOL
219 posted on 05/06/2002 12:51:53 AM PDT by Texasforever
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To: Roscoe
Thank you so much!

I'm glad our esteemed attorney general doesn't think much of Ms. Stovall's reasoning. Think I'll spend a little time searching where else her brief shows up online. I'll get back to you.

223 posted on 05/06/2002 1:21:10 AM PDT by Woahhs
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To: Roscoe
Funny. It seems you gave me an accurate link for the above quote, but not for the original from post ninety-something. They are certainly parrallel in the list of precedents they cite, as would be expected from similar legal reasonings, yet I wonder if perhaps you might have inadvertanty erred about the source of your original quote and list of case law to me. Would you mind double checking that for me?

Thanks.

224 posted on 05/06/2002 1:57:42 AM PDT by Woahhs
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