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Filed Notice Short Barrel Shotguns

Filed Notice Short Barrel Shotguns

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Published by Alan Beck
George Young filed Notice DoD article on
George Young filed Notice DoD article on

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Categories:Topics, Art & Design
Published by: Alan Beck on Mar 27, 2013
Copyright:Attribution Non-commercial

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03/30/2013

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 ALAN BECK (HI Bar No. 9145)Attorney at Law4780 Governor DriveSan Diego, California 92122Telephone: (619) 971-0414Email: ngord2000@yahoo.comAttorney for Plaintiff-Appellant George K. Young
UNITED STATE COURT OF APPEALSNINTH CIRCUIT
GEORGE K. YOUNG JR.,Plaintiff,vs.STATE OF HAWAII ET. AL.;Defendants. ________________________________ ))))))))))) No. 12-17808CASE No. 12-00336 HG BMK  NOTICE OF SUPPLEMENTALAUTHORITY __________________________________ 
Notice of Supplemental Authority
Mr. Young, submits Annex A,
 Joint Service Combat Shotgun Program
, W. HaysParks, Special Assistant for Law of War Matters, Office of the Judge AdvocateGeneral, 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 notwithin the judicial notice short barrel shotguns are protected arm Mr. Youngsubmits.
“By ca. 1673 the blunderbuss was recognized in English military circles
Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-1 Page: 1 of 4
(1 of 14)
 
as “very fit fo
r 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, “Firea
rms 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 willcarry, will be preferable to Carbines, for Dragoons, as the Carbines only carry asingle ball especially in case of close action
.”
In a letter to Major General RobertHowe, General Washington wrote on June 11, 1781:
I am this moment favoredwith 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 haveno objection that Captain Pray should be furnished with them
. The short barreledshotgun has been utilized in all wars, including the modern day Iraq andAfghanistan. The M203 has a length of 15 inches, a barrel length of 12 inches andfires M576 (Buckshot) which contains twenty 24-grain metal pellets. TheXM576/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. USArmy 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: 2 of 4
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must be struck down along with 134-8 unconstitutional ban on short barrel riflesand
assault pistols
.Respectfully submitted this 27
th
day of March, 2013s/ Alan Beck_________________________ Alan Beck (HI Bar No. 9145)
Case: 12-17808 03/27/2013 ID: 8565862 DktEntry: 16-1 Page: 3 of 4
(3 of 14)

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