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Old December 7, 2018, 05:25 PM   #26
Aguila Blanca
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Quote:
Originally Posted by Glenn E. Meyer
Some points in the decision:

1. It's about self-defense in the home
2. Hi cap magazines are too dangerous
3. Limiting them does not impact home self-defense
4. It's just fine under Heller
FIFY
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Old December 7, 2018, 06:27 PM   #27
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Good catch and point
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Old December 7, 2018, 07:44 PM   #28
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This decision is just another in the string of decisions that completely violates the intent of the Heller decision. Heller has been bent, folded, spindled and mutilated, and until there is a secure originalist/textualist majority at the SCOTUS we should expect to see more of the same.
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Old December 7, 2018, 09:50 PM   #29
Bartholomew Roberts
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Quote:
Originally Posted by RC20
Or you can slice it, there are 100 million gun owners in a population of 350 million and 20 million of those are high cap magazines.

That really kills the percentage of common.
Lawrence vs. Texas covered about 3.5% of the U.S adult population. So, even using your math, the court found a much smaller minority protected by the Constitution.

Although, it strikes me as strange generally that a document designed to protect the minority from the tyranny of the majority extends a basic constitutional right only if it is in “common use.”

Quote:
Originally Posted by zukiphile
Just as not everyone who speaks is a free speech advocate, not everyone who shoots safely is a 2d Am. advocate.
As we are reminded routinely when reading this forum.
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Old December 8, 2018, 11:37 AM   #30
Glenn E. Meyer
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Here's another take on the misuse and problems of Heller. Nice section on the 'common' problem.

http://thefederalist.com/2018/05/09/...ond-amendment/

From the same author as to why Kavanaugh is not a guaranteed savior:

http://thefederalist.com/2018/10/24/...ct-gun-rights/

Quote:
Heller Is a Catastrophe in Waiting

As I explained previously, Heller, based upon an egregious misreading of the Supreme Court’s decision in U.S. v. Miller (1939), coupled with an express rejection of the Second Amendment’s underlying goal, allows the prohibition of any arms that are not “in common use,” with “common” defined however legislators, executives, and judges see fit. Contradicting itself, Heller even expressly endorses a ban on the M16, the most common rifle in the organized militia (see 10 USC 311) for the last 50 years.

Furthermore, the malleable “common use” standard could be used as the basis for banning semi-automatic rifles such as the AR-15, today the rifle most “in common use” by the militia’s unorganized component and the rest of the citizenry, and the ammunition magazines they and semi-automatic handguns are designed to use. Potentially more importantly, it establishes a rationale for banning all arms of the future, especially those employing technologies not yet introduced, on the basis that they are not yet “common” by any definition of the word.
The author points out that the court can't be predicted so we can't know if Kavanaugh would do XY or Z.
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Old December 8, 2018, 12:59 PM   #31
Bartholomew Roberts
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I’m not sure if that author didn’t listen to Kavanaugh’s Senate testimony or reached a 180 degree opposite conclusion. I thought Kavanaugh’s comments on common use were very reassuring as to existing small arms.

The real test will come when there is some technology breakthrough that is a revolutionary step forward and the common use test will forever cap the technological level of the citizenry. I’m not sure where Kavanaugh will go there.
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Old December 8, 2018, 01:26 PM   #32
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Quote:
Originally Posted by Bartholomew Roberts
The real test will come when there is some technology breakthrough that is a revolutionary step forward and the common use test will forever cap the technological level of the citizenry. I’m not sure where Kavanaugh will go there.
Like, perhaps, smart guns?

Or micro-engraving firing pins, or electronic ignition?

I'm all in favor of banning those right now.
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