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The Problem With 'History and Tradition'

Advisory Opinions

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Are Going Arms Laws Relevant to 922 G8?

The early going armed laws that led to weapons forfeitures are not relevantly similar to 922 G8, the judge writes. The surety laws required only a civil proceeding, not a criminal one; credible threat finding required to trigger 922G echoes the showing needed to justify posting of surety to avoid forfeiture. But here we did know that you were allowed to target individuals, but because it didn't have the same mechanism as the other law, I mean, really? You can't see that each piece of 922G has a historical and a log, even if there's not an actual 922G that happens to exist in 1787.

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