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Monday, June 6, 2011

Gura strikes ...

... again.

Its main theme is VERY interesting. The central questions are standard of review, or as the brief phrases it, the means-end relationship. But, it suggests, requiring permits to carry should be compared to prior restraint of speech rights. Here, the permit system gives the issuer complete discretion. That should be invalidated, period. Only after a jurisdiction comes up with a permit system that is not arbitrary can or should a court get down to determining the means-end balance between the specific conditions and the problems supposedly addressed.

There's also a .pdf of the brief ... read it, it's good.

pm

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