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December 20, 2015, 03:57 AM | #26 | |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,832
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Quote:
or so I have often heard. I would not by choice go after the enemy armed only with a handgun, BUT having a handgun is a very comforting thing alone in the dark, inside a hole, or a tent, or even your sleeping bag. Certainly of more utility to me at that point than the service rifle. The Supreme Court has a long history of being very specific about what they say, and the rest of the legal system taking off full speed on what they THINK the Supreme court said. Sawed off shotguns have no militia utility, this was the ruling of the SCOTUS as believed, after the Miller case (NFA 34). On the face of it, it seems patently ridiculous, anyone who has ever had to consider combat inside a building or a trench, etc. can recognize the potential utility of a short barreled shotgun. Why didn't SCOTUS?? apparently they did. But they award the judgment to the government (the defense never showed up), using the reasoning "This Court has been presented no evidence..." It's simple, really, because no evidence of militia utility was given, the assumption became that there was no militia utility, and that piece of garbage is still the law of the land, today. The ruling in Heller is very specific, and at the same time, a serious dodge of the overall issues we hoped would also be clarified in that case. Heller prohibits complete bans. Other things are allowed, until they get ruled on separately.
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December 20, 2015, 05:22 PM | #27 | |
Senior Member
Join Date: January 7, 2007
Location: Florida
Posts: 532
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This is the likely source of the controversy:
Quote:
The Heller Court is in essence designating the handgun comprehensively as a 'class of weapons' immune from attack by the state; government may not, for example, prohibit the possession of semi-automatic handguns while allowing the possession of revolvers because the latter are perceived to be 'more safe.' Instead, any prohibition of any handgun is repugnant to the Second Amendment. This is not to say that long guns are without Constitutional protections, but the Court did not address long guns in the same manner, failing to identify them likewise to be the “quintessential self-defense weapon.” State lawmakers may have inferred from this that they are at liberty to classify long guns for the purpose of lawful regulation as they see fit, where long guns manifest in any number of 'classifications' of weapons – semi-automatic rifles as opposed to bolt action rifles, for example. The lower courts have followed suit, allowing the prohibition of AR pattern rifles because such measures are narrowly tailored enough to allow residents of the state ample opportunities to secure other types of firearms for self-defense, including all handguns with their 'quintessential' status. |
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December 20, 2015, 09:44 PM | #28 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,467
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Quote:
I don't think we're on solid ground if we think that handguns are "immune from attack." T'ain't so. |
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