From U.S. v. Davis (Nov. 21) (unpublished and unsigned); recall that Judges Kozinski and Kleinfeld endorsed the individual rights view of the Second Amendment even before D.C. v. Heller (in their dissents from denial of rehearing en banc in Silveira v. Lockyer, and in Judge Kleinfeld's similar dissent in Nordyke v. King):
We affirm James S. Davis's conviction and sentence for fraud and carrying a concealed weapon on an airplane. Davis got through security with a handgun underneath his jacket because he impersonated a federal Customs Agent.
Davis challenges the constitutionality of 49 U.S.C. § 46505, relying on District of Columbia v. Heller, 128 S. Ct. 2783 (2008). The Supreme Court specified that nothing in that opinion was intended to cast doubt on the prohibition of concealed weapons in sensitive places. Id. at 2816-17....
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