progressive hunter
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- Dec 11, 2018
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We were discussing whether it is constitutionally acceptable to regulate guns at all, since the constitution doesn't differentiate between types of arms in any way. "Shall not be infringed" means the same thing for a bb gun as it does for a fully auto 50 cal rifle. If the constitution allows regulation of one type, it allows regulation of all types. Try to keep up.Yet the supreme court as well as the NRA have both determined that it is constitutionally acceptable to regulate them that way.
Supreme court? I think it was appeals court.
However, they upheld the ban on automatic weapons, that are considered assault weapons.
Semi-automatics are not assault weapons, therefore they're not included in the ban.
Leftist solution? Change the definition and call every weapon an "assault weapon" and banning will be constitutional.
The Supreme Court already ruled on this.....Scalia, the Justice who wrote the opinion in the Heller decision also stated that....
https://www.supremecourt.gov/opinions/07pdf/07-290.pdf
Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment.
We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
https://www.supremecourt.gov/opinions/15pdf/15-133_7l48.pdf
That analysis misreads Heller. The question under Heller is not whether citizens have adequate alternatives available for self-defense.
Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist. 554 U. S., at 627–629. And Heller draws a distinction between such firearms and weapons specially adapted to unlawful uses and not in common use, such as sawed-off shotguns. Id., at 624–625.
The City’s ban is thus highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes.
Roughly five million Americans own AR-style semiautomatic rifles. See 784 F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767–768; Heller, supra, at 628
I'm not sure why you are mumbling about guns from the 18th century. Those have nothing to do with what I'm discussing.
Oh...that's right....you are a moron....here...let me help you .....
the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
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Roughly five million Americans own AR-style semiautomatic rifles. See 784 F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767–768; Heller, supra, at 628
dont mind her,,, she just like whining about stuff shes wrong on,,