Thread: 1986 Gun ban
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Old January 13, 2010, 10:22 PM   #34
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
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Quote:
Originally Posted by 44 AMP
The argument that full autos were not popular, and widely owned before 34 and therefore the govt has a valid right to restrict them is fallacious.
I think what the argument is generally about is whether they were ever "in common use" the standard Heller put forth. I submit the government has a reasonable right to restrict them because they are unsuitable for the common use of self defense for civilians.

Quote:
Originally Posted by 44 AMP
Full auto ownership was not "popular" and was not "common" among the majority of American gun owners. This was because, primarily of the nature of American gun ownership of the time, and the cost of full auto firearms compared to the general economic times.
Which means they were never in common use even before NFA. Therefore to argue the NFA made them uncommon is equally fallacious. I would add to your reasons that they were unpopular was because they are unsutiable for civilian law-abiding use.

Quote:
Originally Posted by 44 AMP
Had the NFA 34 not been passed, it is entirely possible that by the 1950s that could have changed. But that's a what if situation, having nothing to do with things as they are today.
It is equally possible that their relative rarity among guns owners would have remained the same. Thus they would still not be in common use even today.

Quote:
Originally Posted by 44 AMP
Resetting the law back to pre 86 levels would be fine with me. And it would head off the possible legal challenge to the Hughes Amendment that ought to be brought, in light of the Supreme Court's ruling in the Heller vs DC case.
I don't disagree. Hughes serves no public interest whatsoever in my opinion. Still I am not sure as many folk as you think would buy them but if they did then the Brady's would chortel that now with more of them out there more criminals could steal them and use them accordingly. Therefore I fear we could lose the public policy debate on Hughes.

Quote:
Originally Posted by 44 AMP
But what the Hughes amendment does is create a "de facto" ban, on an entire class of firearm. And that appears to be contrary to the Heller decision, and so can be fought in court.
Not if FA is considered by the court to be 1) dangerous and unusual 2) not in common use. Handguns missed those because they are too numerous and are ideal for civilian SD. ARs might today but I wouldn't bet the farm on that either.

EDIT: Has Hughes been challenged in court like the NFA? Just wondering.
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Last edited by Tennessee Gentleman; January 13, 2010 at 10:25 PM. Reason: spelling
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