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Citation of Supplemental Authority Re Joint Service Combat Shotgun Program

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Citation of Supplemental Authority Re Joint Service Combat Shotgun Program Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-1 Page: 1 of 4 (1 of 14) ALAN BECK (HI Bar No. 9145) Attorney at Law 4780 Governor Drive San Diego, California 92122 Telephone: (619) 971-0414 Email: [email protected] Attorney for Plaintiff-Appellant George K. Young UNITED STATE COURT OF APPEALS NINTH CIRCUIT GEORGE K. YOUNG JR., ) ) Plaintiff, ) vs. ) No. 12-17808 ) CASE No. 12-00336 HG BMK STATE OF HAWAII ET. AL.; ) NOTICE OF SUPPLEMENTAL ) AUTHORITY Defendants. ) ________________________________ ) ) ) __________________________________ Notice of Supplemental Authority Mr. Young, submits Annex A, Joint Service Combat Shotgun Program, W. Hays Parks, Special Assistant for Law of War Matters, Office of the Judge Advocate General, U.S. Army, Washington, D.C. to show short barrel shotguns are protected. As United States v. Miller, 307 U.S. 174 (1939) merely holds it is not within the judicial notice short barrel shotguns are protected arm Mr. Young submits. “By ca. 1673 the blunderbuss was recognized in English military circles Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-1 Page: 2 of 4 (2 of 14) as “very fit for doing great execution in a crowd, to make good narrow passage, door of a house, stair-case; or in boarding a ship” …Admirably suited to its varied tasks, the blunderbuss in its time can be compared to the legendary sawed-off shotgun…” (M.L. Brown, “Firearms in Colonial America 1492-1792, 143 (1980). In a letter to the Board of War George Washington wrote on April 4, 1779: “It appears to me that Light Blunderbusses on account of the quantity of shot they will carry, will be preferable to Carbines, for Dragoons, as the Carbines only carry a single ball especially in case of close action.” In a letter to Major General Robert Howe, General Washington wrote on June 11, 1781: “I am this moment favored with yours of the same date, together with the Report of the Board of Officers, appointed to inspect Provisions. If there are any Blunderbusses and Swivels, I have no objection that Captain Pray should be furnished with them”. The short barreled shotgun has been utilized in all wars, including the modern day Iraq and Afghanistan. The M203 has a length of 15 inches, a barrel length of 12 inches and fires M576 (Buckshot) which contains twenty 24-grain metal pellets. The XM576/XM576E1 was standardized to become the M576. Normal dispersion pattern of the M576 will put 13 of 20 pellets in a 1.5 meter circle at 40 meters. US Army Technical Manual TM 43-0001-28 Ammunition Data Sheets page 6-33. HRS 134-8 complete ban on them cannot survive strict scrutiny. Accordingly, it Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-1 Page: 3 of 4 (3 of 14) must be struck down along with 134-8 unconstitutional ban on short barrel rifles and “assault pistols”. Respectfully submitted this 27th day of March, 2013 s/ Alan Beck_________________________ Alan Beck (HI Bar No. 9145) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-1 Page: 4 of 4 (4 of 14) CERTIFICATE OF SERVICE On this, the 27thrd day of March, 2013, I served the foregoing pleading by electronically filing it with the Court’s CM/ECF system, which generated a Notice of Filing and effects service upon counsel for all parties in the case. I declare under penalty of perjury that the foregoing is true and correct. Executed this the 27th day of March, 2013 s/ Alan Beck Alan Beck (HI Bar No. 9145) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 1 of 10 (5 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 2 of 10 (6 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 3 of 10 (7 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 4 of 10 (8 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 5 of 10 (9 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 6 of 10 (10 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 7 of 10 (11 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 8 of 10 (12 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 9 of 10 (13 of 14) Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-2 Page: 10 of 10 (14 of 14).
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