context: Applying Heller to the facts of this case, we conclude that the pipe bombs at issue were not protected by the Second Amendment. Unlike the handguns in Heller, pipe bombs are not typically possessed by law-abiding citizens for lawful purposes.
citation_a.signal: see also
citation_a.parenthetical: holding that, after Heller, the defendant's possession of a machine gun and an unregistered sawed-off shotgun was not protected by the Second Amendment because those weapons were "not in common use by law-abiding citizens for lawful purposes and therefore [fell] within the category of dangerous and unusual weapons that the government can prohibit for individual use"
citation_a.sentence: See United States v. Dempsey, 957 F.2d 831, 834 (11th Cir.1992) (adopting the Ninth Circuit’s reasoning that, “unlike firearms which may be used for sports, recreation or for collection, pipe bombs have no legitimate purpose”) (citing United States v. Loveday, 922 F.2d 1411, 1416 (9th Cir. 1991)); see also United States v. Fincher, 538 F.3d 868, 870, 873-74 (8th Cir.2008) (holding that, after Heller, the defendant’s possession of a machine gun and an unregistered sawed-off shotgun was not protected by the Second Amendment because those weapons were “not in common use by law-abiding citizens for lawful purposes and therefore [fell] within the category of dangerous and unusual weapons that the government can prohibit for individual use”), cert. denied, — U.S. -, 129 S.Ct. 1369, 173 L.Ed.2d 591 (2009); cf. Heller, 128 S.Ct. at 2817-18, 2821-22 (striking down the handgun ban because it “amounted] to a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society” for the lawful purpose of self-defense in the home, which “has been central to the Second Amendment right”).
citation_b.signal: cf.
citation_b.identifier: 128 S.Ct. 2817, 2817-18, 2821-22
citation_b.parenthetical: striking down the handgun ban because it "amounted] to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society" for the lawful purpose of self-defense in the home, which "has been central to the Second Amendment right"
citation_b.sentence: See United States v. Dempsey, 957 F.2d 831, 834 (11th Cir.1992) (adopting the Ninth Circuit’s reasoning that, “unlike firearms which may be used for sports, recreation or for collection, pipe bombs have no legitimate purpose”) (citing United States v. Loveday, 922 F.2d 1411, 1416 (9th Cir. 1991)); see also United States v. Fincher, 538 F.3d 868, 870, 873-74 (8th Cir.2008) (holding that, after Heller, the defendant’s possession of a machine gun and an unregistered sawed-off shotgun was not protected by the Second Amendment because those weapons were “not in common use by law-abiding citizens for lawful purposes and therefore [fell] within the category of dangerous and unusual weapons that the government can prohibit for individual use”), cert. denied, — U.S. -, 129 S.Ct. 1369, 173 L.Ed.2d 591 (2009); cf. Heller, 128 S.Ct. at 2817-18, 2821-22 (striking down the handgun ban because it “amounted] to a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society” for the lawful purpose of self-defense in the home, which “has been central to the Second Amendment right”).