Risk. Justice alito well, an offense that prohibits the possession of the sawedoff shotgun has an element. So youd have to decide whether that element creates the 13 risk. I do not see a vessel said. Menendez under my solution, were possession of a shark barrel shotgun would not count under minnesota law because it does not wear the position in connection with behavior that creates a risk. Justice scalia but the jury would have found the fact of the risk menendez precisely, your honor. Justice scalia in the in the cases that you are describing . Menendez in my imagined solution, your honor. But frankly it is up to congress. Justice kagan so so what youre saying essentially is that all the statutes in the back of the government would count . Menendez yes, your honor. Justice kagan but nothing else would. In other words you have to have a listen specifically and this conduct created a serious risk of injury. Menendez if congress chose that as a solution, yes your honor. I think this demo
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