No reference to the Second Amendment

[John C. Eastman]

The D.C. Circuit today issued a ruling in SPRINGFIELD, INC. v. BUCKLES, No.
00-5409 (D.C. Cir. June 14, 2002), holding that the Bureau of Alcohol, Tobacco
and Firearms's revocation of a company's firearm import permits was proper,
where rifles designed to hold large, military magazines were not used for
"sporting purposes," and were not "readily adaptable" to such purposes.  The
opinion is available at http://laws.lp.findlaw.com/dc/005409.html

My question is this:  In light of DOJ's recent embrace of the "personal right"
view of the Second Amendment, can this statutory restriction be sustained
(assuming, of course, the DOJ position is ratified by the courts)?  There is no
discussion in the opinion of the Second Amendment, except perhaps in an oblique
closing footnote rejecting Springfield's other arguments without discussion,
per D.C. Cir. R. 36(b).  Does anyone know whether Springfield even made a
Second Amendment argument?

John Eastman
Chapman Law School