December 7, 2018, 05:25 PM | #26 | |
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December 7, 2018, 06:27 PM | #27 |
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Good catch and point
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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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December 7, 2018, 09:50 PM | #29 | ||
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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:
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December 8, 2018, 11:37 AM | #30 | |
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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:
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December 8, 2018, 12:59 PM | #31 |
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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. |
December 8, 2018, 01:26 PM | #32 | |
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Or micro-engraving firing pins, or electronic ignition? I'm all in favor of banning those right now. |
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January 22, 2019, 07:48 PM | #33 |
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I think you guys are getting this common use thing a little skewed.
Regarding the broader claim that the Second Amendment allows some regulation, Justice Antonin Scalia does in fact mention “presumptively lawful regulations” such as those concerning “M-16 rifles and the like.”27 But including firearms and magazines in common lawful use today under such regulations raises two issues. First, “M-16” is a specific military designation. Unlike “AR-15,” which refers to a “pattern” of rifle of which there are hundreds of derivatives, “M-16” refers to a particular machine gun (i.e., a fully automatic weapon that fires continuously with a single trigger pull) regulated by the 1934 National Firearms Act. Second, Scalia’s language needs to be read in the larger context of the opinion, which holds that the Second Amendment protects all arms in common lawful use. M-16s are not in common lawful use; 15- to 30-round magazines undoubtedly are. The lower courts are just ignoring what SCOTUS had to say in the Heller case. They must think if they ignore it maybe it will go away. |
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