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Old March 24, 2013, 01:34 AM   #1
dakota.potts
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Join Date: February 25, 2013
Location: Saint Augustine, Florida
Posts: 1,083
Does Heller provide protection from another AWB?

Just a question I had. As the Heller decision protects weapons that are considered commonly used, would that prohibit the broad banning of assault weapons and standard capacity magazines? Semi automatic weapons are undeniably in common use and those that aren't (like, say, a Tavor or AUG) aren't the scary weapons that are currently being scrutinized. Certainly standard capacity magazines are commonly used as they're sold with almost every new handgun and semi automatic rifle. It seems to me that this would mean that even if an AWB happened we would have precedent to prove it unconstitutional. I could see them having moderate success with "exotic ammo" like maybe .303 British or something if the goal is really just to chip away rights but it seems to me most of them don't even know these rounds exist.

Furthermore, I wonder how this could change the legality of the NFA restrictions. I certainly believe that automatic weapons would be in common use if they were legal and therefore should have the same protection. Proving it would be something different entirely
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