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Originally Posted by Bartholomew Roberts
However, I think the common use test has at least some grounding in originalism.
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I like the concept as it defeats the "I want a grenade launcher" argument but I am not sure how it fits with originalism.
The way it was put forth in the book was that it didn't matter what people thought about handguns today but whether they would have tolerated a handgun ban in 1790.
Maybe I don't understand fully the theory of originalism but it begs the question how could the Founding Fathers think about the stuff we have today like the internet and the automatic breech loading weapon.
Seems as though we have to fashion something living to make the the concept work?