Rep Jacobs(R-NY) says he didn't go to Buffalo because he doesn't represent the area, supports assault weapons ban even though he's a 2nd amendment guy

[2aguy]

That’s ignorant and idiotic.

AWBs are perfectly lawful and Constitutional, having never been struck down by the Supreme Court.

Consequently, AWBs don’t ‘violate’ the Second Amendment; to support an AWB is not to be ‘anti-‘ Second Amendment.

Scalia says they do…you know, the Justice who wrote the Heller opinion….

 

[g5000]

Scalia says they do…you know, the Justice who wrote the Heller opinion….

The Heller opinion has nothing to do with an Assault Weapons Ban. The Supremes have never written an opinion about an AWB.

In his Heller opinion, Scalia did say the Second Amendment, "like most rights", is not unlimited.

Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.


What the Supremes would have to determine with an AWB is if an AR-15, for example, is a dangerous and unusual weapon.

Like a hand grenade.

Or a machine gun.

Or a tank.

Or a nuke.

 

[C_Clayton_Jones]

Scalia says they do…you know, the Justice who wrote the Heller opinion….

Wrong – Scalia isn’t the Supreme Court; his personal, subjective opinion is irrelevant.

And just as time, place, and manner restrictions don’t violate the First Amendment, so too do AWBs not violate the Second Amendment.

What Scalia did say that’s relevant is that the Second Amendment right is not unlimited, it is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.