BULLDOG
Diamond Member
- Jun 3, 2014
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Lots of reasons why, but that is a different conversation, and we can address that in the next conversation if you care to. For now, regulation is a viable option, and there is nothing in Heller, or anywhere else to prevent it. If you can show differently, then now is your chance. Point out in Heller or anywhere else that regulation is not allowable, no matter how much a gun might be in use. Otherwise, STFU you don'tknow what you are talking about.
LOL, you're real dunce. And your reaction said it all. Triggered by own stupidity.
I told you two times already, all arms āin common use for lawful purposes" can't be banned or heavily regulated like we did machine guns. If you're law abiding citizen, you have right to keep and bear arms, that is all regulation that should exists. If you're a felon, you lose that right. The regulations in force today are not infringing constitutional rights, because they're mostly related to interstate commerce that is actual enumerated power of Congress.
My question is related to this conversation, and I asked few times already. Without making case of "why regulation", you don't get to discuss infringing constitutional rights. You said there are lots of reasons, like you know what you're talking about, and still cant make a case, just like Congress, that would pass the constitutionality test.
Please quote Heller where it says regulation is not permissable.
And here......Justice Alito takes on the stupid idea of "dangerous and unusual."
https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
First, the relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes. See Heller, supra, at 627 (contrasting āādangerous and unusual weaponsāā that may be banned with protected āweapons . . . āin common use at the timeāā).
Second, even in cases where dangerousness might be relevant, the Supreme Judicial Courtās test sweeps far too broadly.
Heller defined the āArmsā covered by the Second Amendment to include āāany thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.āā 554 U. S., at 581.
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----As to ādangerous,ā the court below held that a weapon is ādangerous per seā if it is ā ādesigned and constructed to produce death or great bodily harmā and āfor the purpose of bodily assault or defense.āā 470 Mass., at 779, 26 N. E. 3d, at 692 (quoting Commonwealth v. Appleby, 380 Mass. 296, 303, 402 N. E. 2d 1051, 1056 (1980)).
That test may be appropriate for applying statutes criminalizing assault with a dangerous weapon. See ibid., 402 N. E. 2d, at 1056. But it cannot be used to identify arms that fall outside the Second Amendment. First, the relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes. See Heller, supra, at 627 (contrasting āādangerous and unusual weaponsāā that may be banned with protected āweapons . . . āin common use at the timeāā).
Second, even in cases where dangerousness might be relevant, the Supreme Judicial Courtās test sweeps far too broadly.
Heller defined the āArmsā covered by the Second Amendment to include āāany thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.āā 554 U. S., at 581.
Under the decision below, however, virtually every covered arm would qualify as ādangerous.ā Were there any doubt on this point, one need only look at the courtās first example of ādangerous per seā weapons: āfirearms.ā 470 Mass., at 779, 26 N. E. 3d, at 692.
If Heller tells us anything, it is that firearms cannot be categorically prohibited just because they are dangerous. 554 U. S., at 636. A fortiori, stun guns that the Commonwealthās own witness described as ānon-lethal force,ā Tr. 27, cannot be banned on that basis.---------
The court also opined that a weaponās unusualness depends on whether āit is a weapon of warfare to be used by the militia.ā 470 Mass., at 780, 26 N. E. 3d, at 693. It asserted that we followed such an approach in Miller and āapproved its use in Heller.ā 470 Mass., at 780, 26 N. E. 3d, at 693.
But Heller actually said that it would be a āstartling readingā of Miller to conclude that āonly those weapons useful in warfare are protected.ā 554 U. S., at 624.
Instead, Miller and Heller recognized that militia members traditionally reported for duty carrying āthe sorts of lawful weapons that they possessed at home,ā and that the Second Amendment therefore protects such weapons as a class, regardless of any particular weaponās suitability for military use.
554 U. S., at 627; see id., at 624ā625. Indeed, Heller acknowledged that advancements in military technology might render many commonly owned weapons ineffective in warfare. Id., at 627ā628. But such āmodern developments . . . cannot change our interpretation of the right.ā Ibid.
All that is related to an out right ban. It has nothing to do with regulation.
Because DC v. Heller is about ban, and not about gun regulation, just as it's not about gay marriage.
Now you are catching on.