The Firing Line Forums - View Single Post - CT senator to attempt a ban on all but single-shot weapons

vranasaurus · January 13, 2013, 09:50 PM

rts99,

Miller was a decision where the appellant didn't even bother to show up and neither did counsel for him.

In Heller the Supreme Court really rejected the military weapons test and held that the second amendment protects weapons "in common use" or in other words "only those weapons typically possessed by law abiding citizens for lawful purposes." Whle the court didn't explicitly overrule Miller they adopted a different test and pounded a square peg (Miller) into their freshly drilled hole.

Lawful Purposes for sure includes self defense but in addition likely includes:

1. Maintaining Proficiency (Ezell v. City of Chicago)

2. Hunting (In Heller the majority opinion notes that the weapons people possessed for self defense and hunting were the same ones they would use when called for militia service)

In any event banning all but single shot firearms would almost certainly die a quick death in federal courts. Such a ban would cover even broader classes of arms, which are overwhelmingly chosen by law abiding citizens for lawful purposes, than contained in the DC law struck down in Heller.

January 13, 2013, 09:50 PM	#10
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	rts99, Miller was a decision where the appellant didn't even bother to show up and neither did counsel for him. In Heller the Supreme Court really rejected the military weapons test and held that the second amendment protects weapons "in common use" or in other words "only those weapons typically possessed by law abiding citizens for lawful purposes." Whle the court didn't explicitly overrule Miller they adopted a different test and pounded a square peg (Miller) into their freshly drilled hole. Lawful Purposes for sure includes self defense but in addition likely includes: 1. Maintaining Proficiency (Ezell v. City of Chicago) 2. Hunting (In Heller the majority opinion notes that the weapons people possessed for self defense and hunting were the same ones they would use when called for militia service) In any event banning all but single shot firearms would almost certainly die a quick death in federal courts. Such a ban would cover even broader classes of arms, which are overwhelmingly chosen by law abiding citizens for lawful purposes, than contained in the DC law struck down in Heller.