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I just don't see this standing unless higher courts decides to apply the most lenient review they possibly can
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Actually, it doesn't get any more lenient than rational basis, and given Alito's opinion in
McDonald, that's off the table. The 7th Circuit has implemented an "intermediate" standard.
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Will the SCOTUS take this up and FREE THE AK - don't hold your breath.
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Thing is, if they take a challenge on something like this, I can't imagine how they'd say, "we didn't really mean what we said in
Heller." Scalia certainly made some compromises, but the Court isn't quick to overturn its own rulings.
As such, the AK-47 clones are ubiquitous and pretty much "in common use." They're not uniquely dangerous, since they're not used in many shootings. The vast majority of shootings in this country involve
handguns, and the Court rescinded a ban on those. As such, I can't really see a line of logic in which they'd uphold a ban on somebody's pet WASR/10.