View Single Post
Old January 11, 2011, 05:48 PM   #61
csmsss
Senior Member
 
Join Date: October 24, 2008
Location: Orange, TX
Posts: 3,078
Quote:
I don't know if it could be that simple. There's got to be some sort of limit on restricting the necessary parts of a firearm. I mean, a barrel isn't a "firearm", could they set barrel length limits at 1 inch? Could they say you can own all the firearms you want but they're not allowed to have TRIGGERS.... or sights?
You're probably right - but my "simple" test is really intended to demonstrate how difficult interpreting such legislation in the light of a post-Heller/McDonald context will be. What is an essential part of a firearm and which is not? You don't necessarily need a magazine in a semi-auto for it to be operable, except in certain cases (which can usually be defeated). So is the magazine a firearm or is it merely an accessory? Or is it a restrictable firearm component (like a receiver) or not? Does any of this reflect/impinge upon 2A protections as defined under Heller/McDonald? I have no idea whatsoever. This would truly be an example of where the SCOTUS might be asked to write law on our behalf - and who knows where that might lead?
csmsss is offline  
 
Page generated in 0.03397 seconds with 8 queries