Brief of Traditionalist Youth Network, LLC, As Amici Supporting The Appellants, Kolbe v. O'Malley (4th Cir.)

No.
14-1945

IN THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

STEPHEN KOLBE, et al.,

PLAINTIFFS-APPELLANTS

v.

MARTIN J. OMALLEY, et al.,

DEFENDANTS-APPELLEES

ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
No. 1:13-cv-02841-CCB (Hon. Catherine C. Blake)

MOTION OF TRADITIONALIST YOUTH NETWORK, LLC, FOR LEAVE
TO PARTICIPATE AS AMI CUS CURI AE

BRISTOW LAW, PLLC THE VAN DYKE LAW FIRM, PLLC
Kyle J. Bristow, Esq. Jason Van Dyke, Esq.
P.O. Box 1954 200 Chisholm Pl., #250
Clarkston, MI 48347 Plano, TX 75075
(P): (567) 694-5953 (P): (469) 964-5346
(E): [email protected] (F): (972) 421-1830
(W): www.KyleBristow.com (E): [email protected]
Ohio S. Ct. #89543 (W): www.VanDykeLawFirm.com
Mich. State Bar #P77200 Tex. State Bar #24057426
Lead Counsel for Amicus Curiae Co-Counsel for Amicus Curiae
Traditionalist Youth Network, LLC Traditionalist Youth Network, LLC
Appeal: 14-1945 Doc: 18 Filed: 09/24/2014 Pg: 1 of 40
1

I. INTRODUCTION

Pursuant to Fed. R. App. P. 29, the Traditionalist Youth Network, LLC,
hereby respectfully moves for leave to file the attached brief as amicus curiae in
support of Plaintiffs-Appellants. This motion is accompanied by the Traditionalist
Youth Network, LLCs proposed brief as is required by Fed. R. App. P. 29(b).
II. ARGUMENT
A. Traditionalist Youth Network, LLCs Interests
The Traditionalist Youth Network, LLC, is a limited liability company
existing by and through the laws of the State of Michigan, and it is nationally
recognized as a staunch advocate of traditionalism. Its members have engaged in
political discourse and have promoted traditionalism by publishing commentary on
the organizations websitewww.TradYouth.org, by organizing and
participating in public demonstrations, and by being invited to and speaking at
events organized by other similarly-minded organizations.
Even though the Traditionalist Youth Network, LLC, was only founded as
recently as July of 2013, it has quickly become one of the fiercest defenders of
traditional values in the United States of Americaits members have appeared in
televised national news stories and people throughout the country have expressed
an interest in creating chapters of the organization in their own states.
2

In short, the Traditionalist Youth Network, LLC, is to the United States of
America what Gnration Identitaire is to France: it is an extremely active pro-
European socio-political identity movement that was founded and is controlled by
concerned and well-informed young activists.
As an organization that vigorously advocates traditionalism, the
Traditionalist Youth Network, LLC, strongly opposes any attempt by
governmental actors to infringe upon the traditional right of our people to keep and
bear arms. As such, the Traditionalist Youth Network, LLC, would like to submit
the attached amicus curiae brief to support Plaintiffs-Appellants who will argue
that Marylands ban on assault weapons by the citizenry is flagrantly
unconstitutional and that the district courts judgment should be reversed as a
matter of law.
B. Reasons Why An Amicus Curiae Brief From Traditionalist Youth
Network, LLC, Is Desirable And Relevant To The Disposition Of The Case

The Traditionalist Youth Network, LLCs amicus curiae brief is both
relevant and desirable. See Fed. R. App. P. 29(b)(2).
When it comes to the Traditionalist Youth Network, LLC, its mission is
tradition, and since the district courts opinion is an affront to the traditional right
of our people to keep and bear weapons, the Traditionalist Youth Network, LLC,
believes that it is critically important for its organization to become involved in the
3

case by way of it submitting an amicus curiae brief to support Plaintiffs-
Appellants.
An amicus curiae brief from the Traditionalist Youth Network, LLC, is
desirable insofar as the brief argues that government enjoys not the power to
infringe upon the natural law right of our people to keep and bear arms, and the
brief delves into what constitutes arms as far as the judicial philosophies of
textualism and originalism are concerned. As was said by one learned individual,
Most contemporary scholars, whether they call themselves originalists or not,
believe that constitutional meaning should be derived, at least in part, from the
understanding of those who framed and ratified the constitutional text. David
Yaskky, The Second Amendment: Structure, History, and Constitutional Change,
99 Mich. L. Rev. 588, 593 (2000).
Although Plaintiffs-Appellants are expected to make somewhat similar
arguments in the instant appeal, the Traditionalist Youth Network, LLCs brief is
desirable and relevant to the disposition of the case insofar as it presents its
argument by extrapolating and analyzing traditional legal principles by exploring
the history of the American nation-state as it pertains to private citizens possessing
weapons of war. In short, the Traditionalist Youth Network, LLCs brief presents
an argument that could very well be omitted from the briefs of the parties to this
case since it is vogue for litigants to either be politically correct and avoid the real
4

issues at play or invoke postmodern sentiment to usurp the rights guaranteed by the
United States Constitution.
While Plaintiffs-Appellants will likely not say it as bluntly as this, the
Culture Distorters and those who espouse their ideals flagrantly reject originalism
and often treat the United States Constitution like an accordion: they frequently
stretch it out to invent rights that do not existsuch as the right to have an
abortion or the right to engage in sodomy or the right to view pornographic
materials, and they constrict it to not mean things that it certainly doessuch as
by denying the plain language of the Second Amendment to the United States
Constitution or by postulating that the First Amendment to the United States
Constitution does not protect so-called hate speech.
In essence, the Traditionalist Youth Network, LLC, would like to submit its
amicus curiae brief because shots are being fired in Americas Culture War and the
organization has the enemy of freedomthe Culture Distorterin its sights and
wishes to shoot down unconstitutional legislation that disarms our people.
III. CONCLUSION
For the reasons set forth supra, the Traditionalist Youth Network, LLC,
respectfully requests that this Court grant its motion to file the attached amicus
curiae brief.

5

Respectfully submitted,

/s/ Kyle J. Bristow
Kyle J. Bristow, Esq.
Bristow Law, PLLC
P.O. Box 1954
Clarkston, MI 48347
(P): (567) 694-5953
(E): [email protected]
Ohio S. Ct. #89543
Mich. State Bar #P77200
Lead Counsel for Amicus Curiae
Traditionalist Youth Network, LLC

Dated: September 24, 2014
6

CERTIFICATE OF SERVICE

I hereby certify that on September 24, 2014, the foregoing Motion of
Traditionalist Youth Network, LLC, for Leave to Participate as Amicus Curiae was
electronically filed throughout the Courts CM/ECF system, which should be sent
to all registered parties by operation of said electronic filing system.

/s/ Kyle J. Bristow
Bristow Law, PLLC
P.O. Box 1954
Clarkston, MI 48347
(P): (567) 694-5953
Ohio S. Ct. #89543


1

No. 14-1945

IN THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

STEPHEN KOLBE, et al.,

PLAINTIFFS-APPELLANTS

v.

MARTIN J. OMALLEY, et al.,

DEFENDANTS-APPELLEES

ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
No. 1:13-cv-02841-CCB (Hon. Catherine C. Blake)

AMICUS CURIAE BRIEF OF TRADITIONALIST YOUTH NETWORK,
LLC, IN SUPPORT OF APPELLANTS AND URGING REVERSAL

BRISTOW LAW, PLLC THE VAN DYKE LAW FIRM, PLLC
Kyle J. Bristow, Esq. Jason Van Dyke, Esq.
P.O. Box 1954 200 Chisholm Pl., #250
Clarkston, MI 48347 Plano, TX 75075
(P): (567) 694-5953 (P): (469) 964-5346
(E): [email protected] (F): (972) 421-1830
(W): www.KyleBristow.com (E): [email protected]
Ohio S. Ct. #89543 (W): www.VanDykeLawFirm.com
Mich. State Bar #P77200 Tex. State Bar #24057426
Lead Counsel for Amicus Curiae Co-Counsel for Amicus Curiae
Traditionalist Youth Network, LLC Traditionalist Youth Network, LLC
10/28/2013 SCC - 1 -
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER INTERESTS
Disclosures must be filed on behalf of all parties to a civil, agency, bankruptcy or mandamus
case, except that a disclosure statement is not required from the United States, from an indigent
party, or from a state or local government in a pro se case. In mandamus cases arising from a
civil or bankruptcy action, all parties to the action in the district court are considered parties to
the mandamus case.
Corporate defendants in a criminal or post-conviction case and corporate amici curiae are
required to file disclosure statements.
If counsel is not a registered ECF filer and does not intend to file documents other than the
required disclosure statement, counsel may file the disclosure statement in paper rather than
electronic form. Counsel has a continuing duty to update this information.
No. __________ Caption: __________________________________________________
Pursuant to FRAP 26.1 and Local Rule 26.1,
______________________________________________________________________________
(name of party/amicus)
______________________________________________________________________________
who is _______________________, makes the following disclosure:
(appellant/appellee/petitioner/respondent/amicus/intervenor)
1. Is party/amicus a publicly held corporation or other publicly held entity? YES NO
2. Does party/amicus have any parent corporations? YES NO
If yes, identify all parent corporations, including grandparent and great-grandparent
corporations:
3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
other publicly held entity? YES NO
If yes, identify all such owners:
14-1945 Stephen Kolbe v. Martin J. O'Malley
amicus

- 2 -
4. Is there any other publicly held corporation or other publicly held entity that has a direct
financial interest in the outcome of the litigation (Local Rule 26.1(b))? YES NO
If yes, identify entity and nature of interest:
5. Is party a trade association? (amici curiae do not complete this question) YES NO
If yes, identify any publicly held member whose stock or equity value could be affected
substantially by the outcome of the proceeding or whose claims the trade association is
pursuing in a representative capacity, or state that there is no such member:
6. Does this case arise out of a bankruptcy proceeding? YES NO
If yes, identify any trustee and the members of any creditors committee:
Signature: ____________________________________ Date: ___________________
Counsel for: __________________________________
**************************
I certify that on _________________ the foregoing document was served on all parties or their
counsel of record through the CM/ECF system if they are registered users or, if they are not, by
serving a true and correct copy at the addresses listed below:
_______________________________ ________________________
(signature) (date)
Kyle J. Bristow 9/24/2014

9/24/2014
Kyle J. Bristow September 24, 2014
TABLE OF CONTENTS

TABLE OF AUTHORITIES ..................................................................................... i
STATEMENT OF IDENTITY AND INTEREST OF THE TRADITIONALIST
YOUTH NETWORK, LLC, AND AUTHORITY TO FILE, AND FED R. APP. P.
29(c)(5) DISCLOSURE ............................................................................................1
SUMMARY OF ARGUMENT ................................................................................. 2
STATEMENT OF FACTS ........................................................................................ 2
ARGUMENT ............................................................................................................. 3
I. THE DISTRICT COURT ERRED BY NOT USING STRICT
SCRUTINY REVIEW AND FOR FAILING TO STRIKE DOWN
MARYLANDS BAN ON MILITARY-GRADE WEAPONS. .................. 4
A. The Right To Keep And Bear Arms. ...................................................... 5
B. The Original Purpose Of The Second Amendment. ............................... 9
C. How The Second Amendment Should Be Applied. .............................13
D. The Types Of Weapons Privileged By Right To Keep And Bear. .......16
E. Public Policy Implications. ...................................................................20
CONCLUSION ........................................................................................................23
CERTIFICATE OF COMPLIANCE WITH FED. R. APP. P. 32(a) ......................25
CERTIFICATE OF SERVICE ................................................................................26

i

TABLE OF AUTHORITIES

Statutory Law

U.S. Const. art. 1, sec. 8, cl. 15 ............................................................................4, 14

Firearm Safety Act of 2013 .................................................................................2, 21

Fourteenth Amendment to the United States Constitution ............................5, 11, 17

Second Amendment to the United States Constitution .............................2-19, 22-23

Case Law

Burson v. Freedom, 504 U.S. 191 (1992) ..................................................................5

Casey v. United States, 131 F.2d 916 (1
st
Cir. 1942)...............................................17

Clark v. Jeter, 486 U.S. 456 (1988) ...........................................................................5

Dist. of Columbia v. Heller, 128 S. Ct. 2783 (2008) .......................3-9, 14-15, 18-19

Lewis v. United States, 445 U.S. 55 (1980) ........................................................14-15

Marbury v. Madison, 5 U.S. 137 (1803) .............................................................7, 19

McDonald v. Chicago, 130 S. Ct. 3020 (2010) .............................................5, 11, 17

Presser v. Illinois, 116 U.S. 252 (1886) ..................................................................12

Scott v. Sandford, 60 U.S. 393 (1857) .....................................................................12

Silveira v. Lockyer, 328 F.3d 567 (9
th
Cir. 2003) ........................................16, 21, 23

United States v. Booker, 570 F. Supp. 2d 161 (D. Me. 2008) ...................................4

United States v. Miller, 307 U.S. 174 (1939) .....................................................14-15

United States v. Warin, 530 F.2d 103 (6
th
Cir. 1976) ..............................................18

ii

Secondary Sources

AmmoLand. USA Gun Owners Buy 14 Million Plus Guns in 2009 More Than
21 of the Worlds Standing Armies Combined.
<http://www.ammoland.com/2010/01/13/gun-owners-buy-14-million-plus-guns-
in-2009/>. Accessed 19 September 2010. ..............................................................20

Andrew Molchan, In 2009, over 500,000 AR15 type rifles will be manufactured
and sold in the USA. Why? <http://www.gunslot.com/forum/2009-over-500000-
ar15-type-rifles-will-be-manufactured-and-sold-usa-why>. Accessed 20
November 2010. ......................................................................................................21

Brief for American Civil Rights Union as Amici Curiae Supporting Appellants,
Dist. of Columbia v. Parker, 311 F. Supp. 2d 103 (D.D.C. 2004) (No. 04-7041) .....6

Brief for Gun Owners of America, Inc., as Amici Supporting the Petitioner, Dist.
of Columbia v. Heller, 128 S. Ct. 2783 (2008) (No. 07-290) ..................................18

Brief for Heartland Institute as Amici Supporting the Appellant, Dist. of Columbia
v. Parker, 311 F. Supp. 2d 103 (D.D.C. 2004) (No. 04-7041) ............................8, 15

Brief for Second Amendment Foundation as Amici Curiae Supporting Petitioners,
District of Columbia v. Heller, 554 U.S. 570 (2008) (No. 07-570) ..........................3

Brief of Professors of Linguistics and English as Amici Curiae Supporting
Petitioners, District of Columbia v. Heller, 554 U.S. 570 (2008) (No. 07-570) .......4

Brief of the State of Tex. as Amici Curiae Supporting Respondent, Dist. of
Columbia v. Heller, 128 S. Ct. 2783 (2008) (No. 07-290) ........................................6

Charles F. Wellford et al., Natl Research Counsel, Firearms And Violence: A
Critical Review, 6-10 (2004) ...................................................................................21

Norris, Chuck. The New Abortion, Part 3. World Net Daily.
<http://www.wnd.com/index.php?pageId=151685>. Accessed 17 October 2010 ...9

David Yassky, The Second Amendment: Structure, History, and Constitutional
Change, 99 Mich. L. Rev. 588 (2000) ...........................................................3, 10-11

iii

Don Kates and Gary Mauser, Would Banning Firearms Reduce Murder And
Suicide? A Review Of International And Some Domestic Evidence, 30 Harv. J.L.
& Pub. Poly 649 (2007)..........................................................................................21

John-Peter Lund, Do Federal Firearm Laws Violate the Second Amendment by
Disarming the Militia?, 10 Tex. Rev. Law & Pol. 469 (2006) .........11-13, 18-19, 22

National Rifle Association-Institute for Legislative Action, Federal Court Cases
Regarding the Second Amendment,
<http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=52>. Accessed 8 October
2010. ........................................................................................................................14

Pratt, Larry. On the Firing Line: Essays on the Defense of Liberty. Franklin,
Tennessee: Legacy Publishing, 2001 ........................................................................8

Quotes on Firearms. <http://www.catb.org/~esr/guns/quotes.html>. Accessed
17 October 2010. .......................................................................................................9

The Color of Crime: Race, Crime and Justice in America, New Century
Foundation, 2005, available at
<http://www.colorofcrime.com/colorofcrime2005.html> .......................................23

The Full Measure of Freedom. Americas 1
st
Freedom. November 2010 .........21

The Task Force on Community Preventative Servs., Ctrs., for Disease Control,
First Reports Evaluating the Effectiveness of Strategies for Preventing Violence:
Firearms Laws, 52 Mortality & Morbidity Wkly. Rep. (RR-14 Recommendations
& Rep.) 11 (2003) ....................................................................................................22

1

STATEMENT OF IDENTITY AND INTEREST OF THE
TRADITIONALIST YOUTH NETWORK, LLC, AND AUTHORITY TO
FILE AND FED. R. APP. P. 29(c)(5) DISCLOSURES

The Traditionalist Youth Network, LLC, is a limited liability company
existing by and through the laws of the State of Michigan, and it is nationally
recognized as a staunch advocate of traditionalism. Its members have engaged in
political discourse and have promoted traditionalism by publishing commentary on
the organizations websitewww.TradYouth.org, by organizing and
participating in public demonstrations, and by being invited to and speaking at
events organized by other similarly-minded organizations.
Even though the Traditionalist Youth Network, LLC, was only founded as
recently as July of 2013, it has quickly become one of the fiercest defenders of
traditional values in the United States of Americaits members have appeared in
televised national news stories and people throughout the country have expressed
an interest in creating chapters of the organization in their own states.
In short, the Traditionalist Youth Network, LLC, is to the United States of
America what Gnration Identitaire is to France: it is an extremely active pro-
European socio-political identity movement that was founded and is controlled by
concerned and well-informed young activists.
As an organization that vigorously advocates traditionalism, the
Traditionalist Youth Network, LLC, strongly opposes any attempt by
2

governmental actors to infringe upon the traditional right of our people to keep and
bear arms.
The Traditionalist Youth Network, LLC, has been granted leave by the
United States Court of Appeals for the Fourth Circuit to file this amicus curiae
brief.
No partys counsel authored this brief in whole or in part; no party or partys
counsel contributed money that was intended to fund preparing or submitting this
brief; and no personother than the amicus curiae, its members, or its counsel
contributed money that was intended to fund preparing or submitting this brief.
SUMMARY OF ARGUMENT

This amicus curiae brief argues that when the prefatory clause of the Second
Amendment to the United States Constitution and its textto keep and bear
armsare taken into consideration, said Amendment prescribes a constitutional
right for Americans to possess weapons of contemporary military grade, which is
supported by textualist and originalist legal theories of judicial philosophy.
STATEMENT OF FACTS

Maryland enacted the Firearm Safety Act of 2013, which bans certain types
of assault weapons and firearm components. Plaintiffs-Appellants brought an
action to challenge the constitutionality of this law, and the district court ruled that
the law is constitutional.
3

ARGUMENT

The Second Amendment to the United States Constitution should be
understood to mean that American citizens are entitled by their citizenship to the
right to keep and bear weapons that are contemporaneously in common use by the
typical infantryman of the various branches of the United States Armed Forces. At
the time of the writing of this brief, such weapons includeand are not limited
tofully-automatic rifles and submachine guns, hand grenades, shoulder-fired
rocket and grenade launchers, and antipersonnel mines.
1

This argument is made through an originalist analysis of the Second
Amendment, because this form of inquiry is truest to the spirit of our nations
Constitution.
2

The methodology by which the argument is made that American citizens
should have the right to own military-grade weapons via the Second Amendment is
straightforward through the use of the following axioms: the Second Amendment
was adopted by the Founding Fathers to prescribe the right of individual American

1
Brief for Second Amendment Foundation as Amici Curiae Supporting
Petitioners, District of Columbia v. Heller, 554 U.S. 570 (2008) (No. 07-570).
2
David Yassky, The Second Amendment: Structure, History, and Constitutional
Change, 99 Mich. L. Rev. 588, 593 (2000) (Most contemporary scholars, whether
they call themselves originalists or not, believe that constitutional meaning
should be derived, at least in part, from the understandings of those who framed
and ratified the constitutional text.).
4

citizens to serve in the military and keep military weaponry for such service
3
; the
prefatory clause of the Second Amendment implies that there is a correlation
between bearing arms and the militia; Article 1, Section 8, Clause 15 of the
Constitution states that the purpose of the militia is to combat tyrannynamely
Insurrection and Invasions
4
; and weapons of contemporary military grade
as are defined by that which is in widespread use by the infantry of the modern
branches of the United States Armed Forceswould logically be needed for the
implicit purpose of the militia: to fight against or to deter the establishment of
tyranny. It will also be argued that the safety of the public will not be threatened
as the proponents of gun control would have us believe if weapons of military
grade proliferate.
I. THE DISTRICT COURT ERRED BY NOT USING STRICT
SCRUTINY REVIEW AND FOR FAILING TO STRIKE DOWN
MARYLANDS BAN ON MILITARY-GRADE WEAPONS.

As stated infra, the right to keep and bear arms is a fundamental right listed
in the Bill of Rights, and as such, laws that infringe upon said right should be
subjected to strict scrutiny review. See United States v. Booker, 570 F. Supp. 2d
161, 163 (D. Me. 2008). Strict scrutiny is the most stringent standard of judicial
review used by American courts and is used when a fundamental constitutional

3
Brief of Professors of Linguistics and English as Amici Curiae Supporting
Petitioners, District of Columbia v. Heller, 554 U.S. 570 (2008) (N. 07-570).
4
U.S. Const. art. 1, sec. 8, cl. 15.
5

right is infringed upon. Clark v. Jeter, 486 U.S. 456 (1988). For a law to survive
strict scrutiny, the law must be justified by a compelling governmental interest and
it must be narrowly tailored to achieve that interest. Burson v. Freeman, 504 U.S.
191, 199 (1992).
For the reasons set forth herein, Marylands ban on certain classes of
weapons does not survive strict scrutiny review and must be ruled unconstitutional.
A. The Right To Keep And Bear Arms.

In recent years, there has been much litigation over the Second Amendment,
which states, A well regulated Militia, being necessary to the security of the free
State, the right of the people to keep and bear arms, shall not be infringed.
5
In
2008, the Supreme Court held in District of Columbia v. Heller that the Second
Amendment prohibits the federal government from interfering with an American
citizens right to possess firearms
6
, and in 2010, the Supreme Court held in
McDonald v. Chicago that the Fourteenth Amendment incorporates the Second
Amendment against the States.
7
Much of the arguments of the opinions of these
cases are influenced by textualist and originalist judicial philosophies, which is
best evidenced by the extent to which the justices use history and dictionaries to
defend their positions.

5
U.S. Const. amend. II.
6
Dist. of Columbia v. Heller, 128 S. Ct. 2783 (2008).
7
McDonald v. Chicago, 130 S. Ct. 3020 (2010).
6

The Second Amendment arguably prescribes the right of American citizens
to personally own and possess weapons, because the Second Amendments text
recognizes a right, not a power, and guarantees that right to the people and not
the States, it necessarily secures an individual right to keep and bear arms.
8

Also, the terms keep and bear are actions that individuals do. States do not
bear firearms.
9

From a textualist perspective, the Second Amendment prescribes the right
for American citizens to specifically keep weapons of military grade. The
prefatory clause of the Second AmendmentA well regulated Militia, being
necessary to the security of the free State
10
is vital to the understanding of it,
because it stresses that the scope of the right that was codified by the Amendment
includes weapons for militia-related purposes.
11
The importance of the prefatory
clause must not be disregarded, because all the clauses of the Constitution are

8
Brief of the State of Tex. as Amici Curiae Supporting Respondent, Dist. of
Columbia v. Heller, 128 S. Ct. 2783 (2008) (No. 07-290).
9
Brief for American Civil Rights Union as Amici Curiae Supporting Appellants,
Dist. of Columbia v. Parker, 311 F. Supp. 2d 103 (D.D.C. 2004) (No. 04-7041).
10
U.S. Const. amend. II.
11
Dist. of Columbia v. Heller, 128 S. Ct. 2783, 2826 (2008) (Stevens, J.,
dissenting) (It confirms that the Framers single-minded focus in crafting the
constitutional guarantee to keep and bear arms was on military uses of firearms,
which they viewed in the context of service in state militias).
7

intended to carry weight
12
and at the time the Constitution was ratified, to bear
arms meant for one to carry weapons of military grade.
13

Those adhering to the original meaning judicial philosophy are influenced
by that which was believed by the typical layperson at the time a legal code was
adopted, and when the Second Amendment was ratified, the contemporaneous
Americans widely understood the text to mean that they had a right to keep and
bear weapons of military grade.
14

12
Id. (The preamble thus both sets forth the object of the Amendment and
informs the meaning of the remainder of the text. Such text should not be treated
as mere surplusage, for [t]t cannot be presumed that any clause in the constitution
is intended to be without effect. Marbury v. Madison, 5 U.S. 137 (1803).).
13
Id. at 2828. (The term bear arms is a familiar idiom; when used unadorned by
any additional words, its meaning is to serve as a soldier, do military service,
fight. 1 Oxford English Dictionary 634 (2d ed. 1989). It is derived from the Latin
arma ferre, which, translated literally, means to bear [ferre] war equipment
[arma]. Brief for Professors of Linguistics and English as Amici Curiae 19. One
18
th
-century dictionary defined arms as weapons of offfence, or armour or
defence, 1 S. Johnson, A Dictionary of the English Language (1755), and another
contemporaneous source explained that [b]y arms, we understand those
instruments of offence generally made use of in war; such as firearms, swords, & c.
By weapons, we more particularly mean instruments of other kinds (exclusion of
fire-arms), made use of as offensive, on special occasions. 1 J. Trusler, The
Distinction Between Words Esteemed Synonymous in the English Language 37
(1794).); Brief for Professors of Linguistics and English as Amici Curiae
Supporting Petitioners, Dist. of Columbia v. Heller, 128 S. Ct. 2783 (2008) (No.
07-290) (In every instance . . . where the term bear arms (or bearing arms or
'bear arms against) is employed, without any additional modifying language
attached, the term unquestionably is used in its idiomatic military sense.).
14
Brief for Professors of Linguistics and English as Amici Curiae Supporting
Petitioners, Dist. of Columbia v. Heller, 128 S. Ct. 2783 (2008) (No. 07-290) (In
the end, the final version of the Amendment reads: A well regulated Militia,
being necessary to the security of a Free State, the right of the people to keep and
8

From textualist and original meaning judicial perspectives, the Second
Amendment should be interpreted to decree that the federal government cannot
interfere with an American citizens right to possess military-grade weaponry, and
the original intent of the drafters of that Amendment and the Founding Fathers
further illustrates this belief. Sam Adams
15
, Thomas Jefferson
16
, James Madison
17
,

bear Arms, shall not be infringed. Most American readers in the federal period,
including those without formal grammar study, would have had no trouble
understanding that the Second Amendments absolute construction functioned to
make the Amendment effectively read: because a well regulated Militia is
necessary to the security of a free State, the right of the people to keep and bear
Arms shall not be infringed.); Brief for Heartland Institute as Amici Supporting
the Appellant, Dist. of Columbia v. Parker, 311 F. Supp. 2d 103 (D.D.C. 2004)
(No. 04-7041) (The founding generation certainly viewed bearing arms as an
individual right based upon both English common law and natural law, a right
logically linked to the natural right of self-defense. Kasler v. Lockyer, 23 Cal.4
th

472, 505 (2000) (Brown, J., concurring). [T]he history of the Second Amendment
reinforces the plain meaning of its text, namely that it protects individual
Americans in their right to keep and bear arms whether or not they are a member
of a select militia or performing active military service or training. Emerson, 270
F.3d at 260.).
15
Heller, 128 S. Ct. at 2826 (Stevens, J., dissenting) ([Sam Adams was] one of
the foremost patriots behind the Revolution [and] proposed an amendment that
Congress shall never prevent the people of the United States who are peaceable
citizens from keeping their own arms.).
16
Pratt, Larry. On the Firing Line: Essays on the Defense of Liberty. Franklin,
Tennessee: Legacy Publishing, 2001. Pg. 13. ([Thomas Jefferson once said,]
The strongest reason for the people to retain the right to keep and bear arms is, as
a last resort, to protect themselves against tyranny in government.).
17
Id. ([James Madison, the author of the Second Amendment, stated in the
Federalist Papers Number 46,] Besides, the advantages of being armed forms a
barrier against the enterprises of ambition, more insurmountable than any which a
simple government of any form can admit of. The governments of Europe are
afraid to trust the people with arms. If they did, the people would certainly shake
off the yoke of tyranny, as America did.).
9

George Mason
18
, Patrick Henry
19
, Alexander Hamilton
20
, and George
Washington
21
have all been credited with opining that the Second Amendment
prescribes the right to keep and bear military-grade weapons to the American
citizenry.
B. The Original Purpose Of The Second Amendment.

The reason why the Founding Fathers of the United States and the drafters of
the Second Amendment were overtly in support of widespread gun ownership by
the American people is because they feared that the federal government would
disarm the people in order to impose rule through a standing army or select militia.
. . .
22
As was noted by the justices in the majority opinion in Heller, It was

18
Id. ([George Mason opined that the right of the people to keep and bear arms is
essential:] To disarm the people is the best and most effectual way to enslave
them. [To Mason,] the militia was defined as the whole people, except for a
few public officials.).
19
Quotes on Firearms. <http://www.catb.org/~esr/guns/quotes.html>. Accessed
17 October 2010. ([Patrick Henry observed in a speech in 1788,] The great
object is, that every man be armed. Every one who is able may have a gun.).
20
Id. ([Alexander Hamilton opined in one of his submissions for the Federalist
Papers,] The best we can hope for concerning the people at large is that they be
properly armed.).
21
Id. ([George Washington stated,] The very atmosphere of firearms anywhere
and everywhere restrains evil interference they deserve a place of honor with all
thats good.); Norris, Chuck. The New Abortion, Part 3. World Net Daily.
<http://www.wnd.com/index.php?pageId=151685>. Accessed 17 October 2010.
([Washington also said with regards to the right to keep and bear arms,] Firearms
are second only to the Constitution in importance; they are the peoples libertys
teeth.).
22
Heller, 128 S. Ct. at 2801.
10

understood across the political spectrum that the right helped to secure the ideal of
a citizen militia, which might be necessary to oppose an oppressive military force
if the constitutional order broke down.
23

To drive the point home that the Second Amendment was originally
understood to prescribe the right of the people to keep and bear contemporary
military-grade weaponswhich would logically be needed to oppose an
oppressive military force, David Yassky, a constitutional law scholar, wrote,
Imagine, then, that in 1792 the Second Congress had enacted a statute
prohibiting possession of the most commonly used military weapon of
the day, except among members of the army and a small select
militia a statute roughly analogous to the machine gun ban of
today. It is hard to believe that even the most nationalist of the
Federalists would have thought such a statute consistent with the
Second Amendment.
24

Throughout the years, the right of the people to bear certain classes of
weapons evolved as weapon technology improved, which further evinces the
argument that the Second Amendment prescribes the right for the people to bear
weapons of contemporary military grade. When the Second Amendment was
ratified, the weapons that were used during that time period included muskets
complete with bayonetand a small cache of ammunitionin other words, the

23
Id.
24
Yassky at 624.
11

standard arms of the battlefield infantryman.
25
Later, when weapon technology
evolved and the rifle was born, it was understood by the American people that
ownership of this weapon was a right pursuant to the Second Amendment
Senator Charles Sumner, who was instrumental in the ratification process of the
Fourteenth Amendment that eventually incorporated the Second Amendment
against the states, once declared with regards to attempts to disarm Free-Soilers
in Bloody Kansas that [n]ever was [the rifle] more needed in just self-defense
than now in Kansas.
26

It was widely understood by the American people and judges as late as
towards the end of the nineteenth century that the Second Amendment recognized
the right of American citizens to keep weapons of military grade. Yassky observed
with regards to the nineteenth century view of weapon rights, Accordingly,
nineteenth century judges had no trouble understanding that the phrase bear
arms . . . has a military sense, and no other . . . . A man in the pursuit of deer, elk
and buffaloes, might carry his rifle every day, for forty years, and, yet, it would
never be said of him, that he had borne arms . . . .
27
Also, in the Dred Scott case

25
John-Peter Lund, Do Federal Firearm Laws Violate the Second Amendment by
Disarming the Militia?, 10 Tex. Rev. Law & Pol. 469, 478 (2006).
26
McDonald, 130 S. Ct. at 3038. (Quoting The Crime Against Kansas: The
Apologies for the Crime: The True Remedy, Speech of Hon. Charles Sumner in the
Senate of the United States 64-65 (1856)).
27
Yassky at 619.
12

that was decided by the Supreme Court in 1857, the justices stated in their holding
various rights that are reserved by the citizenry and one is pertinent: Nor can
Congress deny to the people the right to keep and bear arms.
28
Later, when
interpreting the meaning of the Second Amendment, the Supreme Court opined in
Presser v. Illinois in 1886,
It is said that the object of the act of Congress is to provide for
organizing, arming, and disciplining all the able-bodied male citizens
of the States, respectively, between certain ages, that they may be
ready at all times to respond to the call of the nation to enforce its
laws, suppress insurrection, and repel invasion, and thereby avoid the
necessity for maintaining a large standing army, which liberty can
never be safe.
29

Being that weapons of contemporary military grade would be needed to
suppress insurrection and repel invasion, one can only deduce from this dicta
that the Second Amendment protects the right of the American people to keep and
bear such weapons. The Framers of the Second Amendment and the Founding
Fathers of our nation specifically wanted the American citizenry armed for the
purpose of being able to support the states with their police powers and to fight
against tyranny, which requires weapons that are of contemporary military grade.
John-Peter Lund, a scholar of constitutional law, has even lambasted modern-day
originalists for tending to shy away from the reality of the Second Amendments

28
Scott v. Sandford, 60 U.S. 393, 450 (1857).
29
Presser v. Illinois, 116 U.S. 252, 261 (1886).
13

true purpose: to protect the American peoples right to possess military-grade
weaponry. Said Lund,
In the spirit, and as the ultimate line of defense, of the entire Bill of
Rights, the Second Amendment was ratified to preserve the right of
the people to possess arms for the purpose of organizing themselves,
as needed, into a fighting force which could preserve order or starve
off tyranny and oppression, whether from enemies foreign or
domestic. Originalists and conservatives cannot in good conscience
simply wash away this fundamental premise behind the foremost of
liberties that the Framers saw fit to preserve.
30

The gist of the Second Amendment is quite clear: the prefatory clause
specifically states that the purpose of the Amendment is for promoting the
institution of the militia, and since the Second Amendment protects the peoples
right to keep and bear arms for this purpose, the weapons that were intended to
come under the protection of the Amendment would have included (though not
necessarily be limited to) those weapons with which the militia would be expected
to be armed.
31

C. How The Second Amendment Should Be Applied.

The prefatory clause of the Second Amendment states that the right to keep
and bear arms is for the purpose of the militia, and Article 1, Section 8, Clause 15
of the Constitution explains the functions of the militia: to execute the Laws of

30
Lund at 506-07.
31
Id. at 478.
14

the Union, suppress Insurrections, and repel Invasions. . . .
32
As is noted by the
National Rifle Association with regards to this, Thus, the militia has a law
enforcement function, a quasi law enforcement/quasi military function, and a
military function. As a result, those firearms which are arms within the meaning
of the Second Amendment are those which could be used to fulfill any of these
functions.
33
This rationale was implicit in United States v. Miller:
United States v. Miller, 307 U.S. 174 (1939), suggests . . . namely that
private citizens might have a right to possess weapons that are part of
the ordinary military equipment or [whose] use could contribute to the
common defense. Id. at 178. This test * * * implies that American
citizens have a right to possess at least those weapons that an unaided
individual can bear and that could contribute to the common
defense. Today, this would include, at a minimum, the fully
automatic rifles that are standard infantry issue, and probably also
shoulder-fired rockets and grenades.

When Miller was decided, infantry were typically armed with the
same sort of bolt-action rifles that civilians kept for use in everyday
life, just as founding-era civilians commonly kept the same kind of
weapons they would need if called for military duty.
34

Since Miller was decided by the Supreme Court in 1939, the Supreme Court
reaffirmed its holding in Lewis v. United States, 445 U.S. 55 (1980), and never

32
U.S. Const. art. 1, sec. 8, cl. 15.
33
National Rifle Association-Institute for Legislative Action, Federal Court Cases
Regarding the Second Amendment,
<http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=52>. Accessed 8 October
2010.
34
Brief for Second Amendment Foundation as Amici Curiae Supporting Petitioner,
Dist. of Columbia v. Heller, 128 S. Ct. 2783 (2008) (No. 07-290).
15

questioned it until 2008.
35
In Lewis, the Supreme Court reaffirmed the holding of
Miller and reiterated its position: the Second Amendment guarantees no right to
keep and bear a firearm that does not have some reasonable relationship to the
preservation or efficiency of a well regulated militia.
36
The Supreme Court
justices did, however, raise the holding of Miller in their Heller majority opinion,
and they did so in order to deconstruct the meaning of in common use at the
time. Said the justices,
We may as well consider at this point . . . what types of weapons
Miller permits. Read in isolation, Millers phrase part of ordinary
military equipment could mean that only those weapons useful in
warfare are protected. That would be a startling reading of the
opinion, since it would mean that the National Firearms Acts
restrictions on machineguns (not challenged in Miller) might be
unconstitutional. . . . The traditional militia was formed from a pool of
men bringing arms in common use at the time for lawful purposes
like self-defense. . . . Indeed, that is precisely the way in which the
Second Amendments operative clause furthers the purpose
announced in its preface. We therefore read Miller to say only that
the Second Amendment does not protect those weapons not typically
possessed by law-abiding citizens for lawful purposes, such as short-
barreled shotguns.
37

In his dissenting opinion in Heller, Justice Breyer noted the absurdity of the
claim that that which is in common use at the time is decided not by what the

35
Brief for Heartland Institute as Amici Supporting the Appellant, Dist. of
Columbia v. Parker, 311 F. Supp. 2d 103 (D.D.C. 2004) (No. 04-7041).
36
Id.
37
Heller, 128 S. Ct. at 2815-16.
16

typical infantryman contemporaneously uses, but rather, by that which is widely
used pursuant to the governments laws:
This definition conveniently excludes machineguns. . . . But what
sense does this approach make? According to the majoritys
reasoning, if Congress and the States lift restrictions on the possession
and use of machineguns, and people buy machineguns . . . the Court
will have to reverse course and find that the Second Amendment does,
in fact, protect the individual . . . right to possess a machinegun. . . . In
essence, the majority determines what regulations are permissible by
looking to see what existing regulations permit.
38

D. The Types Of Weapons Privileged By Right To Keep And Bear.

Being that the Second Amendment would rightfully be understood to
prescribe the right of American citizens to possess military-grade weapons that are
in common use by the United States Armed Forces, the question is begged, What
is today in common use by the United States military, which is determined by what
the typical infantryman wields? This question is echoed by what Judge Kleinfeld
eloquently asked in his dissenting opinion in Silveira v. Lockyer in 2003: What
private possession of arms does carry a reasonable relationship to the preservation
or efficiency of a well-regulated militia?
39
This should be the proper test by
which it is determined what arms our people are privilege by right to keep and
bear.

38
Id. at 2869 (Breyer, J., dissenting).
39
Silveira v. Lockyer, 328 F.3d 567, 587 (9
th
Cir. 2003) (Kleinfeld, J., dissenting).
17

Judge Kleinfeld observed that the learning of how to use any weapon that
would contribute to the proficiency of an individual in using a weapon of
contemporary military grade is protected by the Second Amendment.
40
This would
mean that less sophisticated weaponssuch as bolt-action rifles and revolvers
would be a right of the American people to own, because their use would
contribute to the aptitude of ones use of automatic rifles and semiautomatic
pistols, respectively.
To their horror, the judges of the First Circuit Court of Appeals observed in
1942 that the Second Amendment, if adhered to through an originalist approach,
would prevent Congressand now the states, too, since McDonald incorporated
the Second Amendment against the states by way of the Fourteenth Amendment
from regulating the possession or use by private persons . . . of distinctly military
arms, such as machine guns, trench mortars, [and] anti-tank or anti-aircraft guns. . .
.
41
If this court is correct in alleging that these weapons are military arms that
are widely used by the typical infantryman of our military, then these types of
weapons would be privileged by right for individual American citizens to own via
the Second Amendment.

40
Id.
41
Casey v. United States, 131 F.2d 916, 922 (1
st
Cir. 1942).
18

The Sixth Circuit Court of Appeals held in 1976 that 9-millimeter
submachine guns have been used by the military forces of the United States . . .
[and] are part of the military equipment of the United States military . . . and that
firearms of this general type, that is, submachine guns, do bear some relationship,
to the preservation or efficiency of the military forces.
42
If the Sixth Circuit is
correct in asserting that submachine guns are commonly used by the United States
military, then this type of weapon should be privileged by right for individual
American citizens to keep and bear via the Second Amendment.
In their amicus brief for Heller, the Gun Owners of America noted that
semi- and fully- automatic rifles should fall within the protective sphere of the
Second Amendment due to their widespread use by the United States military:
The difference between a semi-automatic rifle and a fully-automatic
rifle is a technical matter. . . . Moreover . . . fully-automatic arms of
the type currently used by the U.S. military easily could be found
within the protective shield of the Second Amendment, either as
ordinary military equipment, or that its use could contribute to the
common defense (Miller, 307 U.S. 178), or as a lineal descendant of
. . . founding-era weapon(s) (Parker, 478 F.3d at 398).
43

Lund observed in his law review article, Do Federal Firearms Laws Violate
the Second Amendment by Disarming the Militia?, that the average American
soldier is trained to use the M203 shoulder-fired grenade launcher, the M67

42
United States v. Warin, 530 F.2d 103, 104-05 (6
th
Cir. 1976).
43
Brief for Gun Owners of America, Inc., as Amici Supporting the Petitioner, Dist.
of Columbia v. Heller, 128 S. Ct. 2783 (2008) (No. 07-290).
19

fragmentation grenade, and the M18A1 antipersonnel mine.
44
If he is correct, then
these types of weapons should be a right of the American people to possess. Lund
overtly states, [P]ossession of the grenade, the classic twentieth century
infantrymans weapon, arguably should also be unhampered by NFA [(National
Firearms Act)] restrictions.
45

In Heller, the justices wrote in the majority opinion that fully-automatic
rifles would be permissible by right to own if the prefatory clause of the Second
Amendment was taken into consideration as Marbury v. Madison would require
46
:
It may be objected that if weapons that are most useful in military serviceM-16
rifles and the likemay be banned, then the Second Amendment right is
completely detached from the prefatory clause.
47
It is respectfully submitted that
it is high time for the Second Amendment to be reattached to its prefatory clause.
For the aforementioned reasons, if the Second Amendment was interpreted
as it should be, then individual American citizens reserve the right to possess
automatic rifles and submachine guns, hand grenades, shoulder-fired rocket and
grenade launchers, antipersonnel mines, trench mortars, anti-aircraft and anti-tank
guns, and all the precursors to these weapons that would contribute to the

44
Lund at 499.
45
Id. at 504.
46
Marbury v. Madison, 5 U.S. 137 (1803) (It cannot be presumed that any clause
in the constitution is intended to be without effect.).
47
Heller, 128 S. Ct. at 2817.
20

proficiency of their use of the contemporary weapons of military grade. This
would be true until the next generation of military-grade weapons are developed
and become widely adopted for use by the United States militarythen American
citizens would be able to keep and bear those weapons.
E. Public Policy Implications.

The most common argument that one could raisevia public policy grounds
that are completely detached from natural and constitutional law and American
historyto oppose the widespread ownership of military-grade weapons is that
they are dangerous and will lead to deaths of pandemic proportions. This,
however, is absurd and factually unsupported to think, because military-grade
weapons are essentially not much more dangerous than are the fourteen million
and twelve million firearms that were purchased by American citizens in 2009 and
2008, respectively.
48
In fact, the number of firearms purchased by American
citizens in 2009 is greater than the number of infantrymen in the worlds top
twenty-one armies combined.
49

In 2009, half a million of the weapons sold to American citizens that year
were of the AR-15 style, which is basically the same kind of rifle that U.S.

48
AmmoLand. USA Gun Owners Buy 14 Million Plus Guns in 2009 More
Than 21 of the Worlds Standing Armies Combined.
<http://www.ammoland.com/2010/01/13/gun-owners-buy-14-million-plus-guns-
in-2009/>. Accessed 19 September 2010.
49
Id.
21

military forces use in the Middle East.
50
Despite the proliferation of weaponsor
perhaps because of it, the estimated rate of violent crimes in the United States
dropped by 6.1 percent in 2009 when contrasted with 2008, and 2010 was the third
consecutive year the Federal Bureau of Investigations reported that the number of
annual violent crimes decreased.
51
Judge Kozinski rightfully opined in his
dissenting opinion in Silveira that it is a delusion to believe that ordinary people
are too careless and stupid to own guns. . . .
52

Firearm bans do not reduce violent crime, and as such, the Firearm Safety
Act of 2013 does not serve a compelling governmental purpose. In 2004, the U.S.
National Academy of Sciences released its evaluation from a review of 253 journal
articles, 99 books, 43 government publications, and some original empirical
research [and found that firearm bans do not reduce violent crimes]. Don Kates
and Gary Mauser, Would Banning Firearms Reduce Murder And Suicide? A
Review Of International And Some Domestic Evidence, 30 Harv. J.L. & Pub. Poly
649, 654 (2007) (citing Charles F. Wellford et al., Natl Research Counsel,
Firearms And Violence: A Critical Review, 6-10 (2004)). The same conclusion

50
Andrew Molchan, In 2009, over 500,000 AR15 type rifles will be manufactured
and sold in the USA. Why? <http://www.gunslot.com/forum/2009-over-500000-
ar15-type-rifles-will-be-manufactured-and-sold-usa-why>. Accessed 20
November 2010.
51
The Full Measure of Freedom. Americas 1
st
Freedom. November 2010: Pg.
14.
52
Silveira, 328 F.3d at 569 (Kozinski, J., dissenting).
22

was reached in 2003 by the U.S. Centers for Disease Controls review of then
extant studies. Id. (citing The Task Force on Community Preventative Servs.,
Ctrs., for Disease Control, First Reports Evaluating the Effectiveness of Strategies
for Preventing Violence: Firearms Laws, 52 Mortality & Morbidity Wkly. Rep.
(RR-14 Recommendations & Rep.) 11, 16 (2003).
In other countries where private ownership of contemporary military-grade
weapons is common, crime does not flourish. In Switzerland an estimated fourteen
percent of households have automatic rifles, which are permitted by Swiss law, and
in Israel it is common for teenage conscripts to walk the streets and frequent
nightclubs bearing fully automatic rifles during their military service.
53
Lund
questioned the baseless assertion that military-grade weapons are inherently
dangerous: why should the idea of fourteen million American households with an
M16 or two in the closet, or American teens taking their AR15s out with them on a
camping or hunting trip for the weekend be seen as a safety risk rather than an
asset?
54

The alternative to interpreting the Second Amendment to prescribe the right
of the American people to keep weapons of military grade is arguably more

53
Lund at 500.
54
Id.
23

dangerous than an honest originalist interpretation
55
of it, because as Judge
Kozinski opined,
The Second Amendment is a doomsday provision, one designed for
those exceptionally rare circumstances where all other rights have
failedwhere the government refuses to stand for reelection and
silences those who protest; where courts have lost the courage to
oppose, or can find no one to enforce their decrees. However
improbable these contingencies may seem today, facing them
unprepared is a mistake a free people get to make only once.
56

CONCLUSION

For the reasons set forth supra, this Court should reverse the judgment of the
district court or else our people will be unable to realize the purpose of the militia
or to defend themselves from the more dangerous elements of the populace. See
The Color of Crime: Race, Crime and Justice in America, New Century
Foundation, 2005, available at
<http://www.colorofcrime.com/colorofcrime2005.html>. When the Second
Amendments text and prefatory clause are taken into consideration, it can only be
concluded that the Amendment prescribes a right for American citizens to keep
and bear weapons of contemporary military grade.

55
Id. at 499.
56
Silveira, 328 F.3d at 569 (Kozinski, J., dissenting).
24

Respectfully submitted,

/s/ Kyle J. Bristow
Bristow Law, PLLC
P.O. Box 1954
Clarkston, MI 48347
(P): (567) 694-5953
Ohio S. Ct. #89543

and

/s/ Jason Van Dyke
Jason Van Dyke, Esq.
The Van Dyke Law Firm, PLLC
200 Chisholm Pl., #250
Plano, TX 75075
(P): (469) 964-5346
(F): (972) 421-1830
Tex. State Bar #24057426
Co-Counsel for Amicus Curiae


25

CERTIFICATE OF COMPLIANCE WITH FED. R. APP. P. 32(a)

This is to certify that this amicus curiae brief complies with the type-volume
limitations of Fed. R. App. P. 32(a)(7)(B) because it contains 5,964 words,
exclusive of the parts of this brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii).
This brief also complies with the typeface requirements of Fed. R. App. P.
32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6).
This brief has been prepared in a proportionally spaced typefaceTimes
New Roman 14-point fontby using Microsoft Word 2013.

/s/ Kyle J. Bristow
Bristow Law, PLLC
P.O. Box 1954
Clarkston, MI 48347
(P): (567) 694-5953
Ohio S. Ct. #89543

26


I hereby certify that on September 24, 2014, the foregoing Amicus Curiae
Brief of Traditionalist Youth Network, LLC, in Support of Appellants and Urging
Reversal was filed electronically though the Courts CM/ECF system. Notice of
this filing should be sent through said electronic filing program to the attorneys of
record for the parties.
/s/ Kyle J. Bristow
Bristow Law, PLLC
P.O. Box 1954
Clarkston, MI 48347
(P): (567) 694-5953
Ohio S. Ct. #89543


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Appeal: 14-1945 Doc: 18 Filed: 09/24/2014 Pg: 9 of 40

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