Legal Opinion · Dissent

Kuhn v. Cissel

District of Columbia Court of Appeals

Decided December 4, 1979No. 14152Published

1DissentNebeker, Associate Judge

The majority evades the issue presented in this case. It then, mistakenly in my view, decides the case on a basis not considered by the administrator or the Superior Court which reviewed his decision.1

Since D.C.Code 1973, § 22-3217(a) applies, inter alia, to a “sawed-off shotgun” it perforce excludes an unaltered shotgun. It is little wonder that the majority retreats to another basis for reaching its result. The mechanical and hence legal difference between these two weapons has long been recognized. The short-barreled shotgun is readily concealable while being carried by someone. At close…

2Cases cited11 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Ibn-Tamas v. United StatesDistrict of Columbia Court of Appeals · 1979
  3. United States v. Patricia Ann Wright, United States of America v. Shirley Ann Boyd, A/K/A Kim, A/K/A LisaCourt of Appeals for the D.C. Circuit · 1979
  4. Chevy Chase Citizens Ass'n v. District of Columbia CouncilDistrict of Columbia Court of Appeals · 1974
  5. Citizens Ass'n of Georgetown, Inc. v. WashingtonDistrict of Columbia Court of Appeals · 1972

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