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Originally Posted by Bartholomew Roberts
Two, Gura recently suggested that if he had advanced that argument in Heller or tried to tiptoe around it, he would have lost 9-0. Gura strikes me as a sharp guy and if his assessment is that there is nobody on the Court who would support deregulation of machineguns, that is something to keep in mind.
Realistically, machineguns are way down the list right now. Gura is rightly targeting cosmetic bans and carry issues right now and gaining some ground there will be a huge advantage for later fights.
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I think this is exactly right. Use
Heller to hold the line on cosmetic bans, on semi-auto weapons generally, on magazine capacity... Extend carry rights if possible, but first work to secure what we have now. Once those issues are clearly established as being under 2A protection, think about extending the argument to the sale of F/A weapons under the current system. Arguing for incremental changes will work better than going for the whole wish list right now.
I think Maestro's point about what counts as dangerous is well taken. It's the interpretation of "unusual" that seems, if anything, more promising to me, especially in light of the way all those so-called "assault weapons" have been flying off the shelves lately. There were a lot out there before, now there are even more out there, so how, exactly, does anyone make the case that they should be banned as "unusual?" And pump shotguns must be about as "unusual" as F150's...