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Filed Short Barrel Rifle Filed Notice

Filed Short Barrel Rifle Filed Notice

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Published by Alan Beck
short barrel rifles
short barrel rifles

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Published by: Alan Beck on Mar 31, 2013
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08/18/2013

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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
COMES NOW THE PLAINTIFF-APPELLANT, George K. Young Jr., submitsthis Notice of Supplemental Authority in support of his argument the H.R.S. 134-8complete ban on short barrel rifles fails strict scrutiny. Mr. Young g attaches thefollowing sources on rifles
“Project Manager Soldier Weapons Briefing for NDIA”
 
“Small Arms
-
Individual Weapons”
. Based on these sources Mr. Young argues theshort barrel rifle simply serves a different function for self-defense and there is no
Case: 12-17808 03/31/2013 ID: 8571097 DktEntry: 17-1 Page: 1 of 4
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government interest in banning them. To illustrate this point Mr. Young uses theM4 rifle. It is a variant of the original AR-15 rifle designed by Eugene Stoner andmade by ArmaLite. The M4 is a shorter and lighter variant of the M16A2 assaultrifle, with 80% parts in common. The M4 has a 14.5 in (370 mm) barrel; itsshorter barrel allows its user to better operate in close quarters engagement such asin the home where the right to self-defense is most acute. Many short barrel rifles(carbines) are shortened versions of full size rifles, firing the same ammunition at alower rotational velocity due to a shorter barrel length. Accordingly they areactually safer for the general public than long barrel rifles for self-defense withinthe home because there is less risk of a stray bullet penetrating a wall and hittingan innocent bystander. For the very seem reasons they are better for home defenseshort barrel rifles are in fact less deadly outside the home. Per 
 Heller 
, rifles are aclass of arms and short barrel rifles as a type of rifle are protected arms. Therecomplete ban fails any level of heightened scrutiny. Strict scrutiny should beapplied and HRS 134-8 unconstitutional ban on them must be struck down.Respectfully submitted this 31st day of March, 2013s/ Alan Beck_________________________ Alan Beck (HI Bar No. 9145)
Case: 12-17808 03/31/2013 ID: 8571097 DktEntry: 17-1 Page: 2 of 4
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CERTIFICATE OF SERVICE
On this, the 31
st
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 andcorrect.Executed this the 31st day of March, 2013
Case: 12-17808 03/31/2013 ID: 8571097 DktEntry: 17-1 Page: 3 of 4
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