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: Of Arms and the LawLower court follows pre-Heller law
Gene Volokh has a post on it. The federal trial court notes that " Ostalaza neglects to substantiate that argument with citations to any authority. Instead, Ostalaza points to District of Columbia v. Heller, a case that was pending before the Supreme Court at the time his motion was filed. " Can't see where that makes a difference.
It then cites to collective-right rulings from its Circuit. As Gene points out, the trial court seems to assume that it is bound by its Circuit rulings even though the Supreme Court has gone to the contrary -- the Circuit is its immediate boss, and until the Circuit changes its mind, the Supreme Court's ruling doesn't matter much.
Full post as published by Of Arms and the Law on July 09, 2008 (boomark / email).
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