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Constitutional Law,
9th U.S. Circuit Court of Appeals

May 21, 2024

Public defenders invoke Bruen in gun appeal effort

Public defenders representing a man convicted for selling a machine gun capable of firing 900 rounds a minute argue the new "history and tradition" standard should apply to the case.

Attorneys for an Oregon man who was sentenced to federal prison for selling a Russian machine gun capable of firing 900 rounds a minute are asking the 9th U.S. Circuit Court of Appeals to vacate his conviction because a near-total ban on the ownership of machine guns violates the Second Amendment.

Assistant Federal Public Defenders Michael C. Benson and C. Renee Banes cited a U.S. Supreme Court June 2022 decision, which has been invoked by judges in California and elsewhere to st...

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