Case 3:16-cr-00051-BR

Document 1401

Filed 10/09/16

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J. Morgan Philpot (Oregon Bar No. 144811)

Marcus R. Mumford (admitted pro hac vice)
405 South Main, Suite 975
Salt Lake City, UT 84111
(801) 428-2000
morgan@jmphilpot.com
mrm@mumfordpc.com
Attorneys for Defendant Ammon Bundy
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,

Case No. 3:16-cr-00051-BR

Plaintiff,

DEFENDANT AMMON BUNDYS

SECOND SUPPLEMENTAL BRIEF ON
JURY INSTRUCTIONS

v.
AMMON BUNDY, et al,

District Judge Anna J. Brown

Defendants.

In light of his recent testimony regarding the object of his plan being based in the
language of the Constitution, and for the purpose of resisting governmental usurpation of power,
Defendant Ammon Bundy requests that the Court consider the following modifications to the
Courts First Draft Final Jury Instructions, dated October 4, 2016.
1. Adding a sentence to the Courts instruction regarding Constitutionally Protected
Speech and Conduct, on page 19, to read:
The Constitution was written to be understood by ordinary citizens, and its words
and phrases were used in their normal and ordinary as distinguished from technical
meaning.
See D.C. v. Heller, 554 U.S. 570, 576 (2008) (quoting United States v. Sprague, 282 U.S. 716,
731 (1931), and citing Gibbons v. Ogden, 9 Wheat. 1, 188, 6 L.Ed. 23 (1824)).
2. Adding language to the Courts instruction regarding Right to Possess Firearms Under
the Second Amendment, on pages 20-21, so that it reads (new language in bold and
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Case 3:16-cr-00051-BR

Document 1401

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underlined):
Under the Second Amendment to the United States Constitution a person has the right to
keep and bear arms, that is to own, to possess, and to carry firearms, including for the
purpose of participating in a citizens militia, in case of confrontation, and for the
purpose of resisting tyranny and usurpations of power by the federal government. As
with First Amendment
See D.C. v. Heller, 554 U.S. 570, 592, 598, 618, 667-68 (2008).
DATED: October 8, 2016
/s/ Marcus R. Mumford
Marcus R. Mumford
J. Morgan Philpot
Attorneys for Ammon Bundy