Anti gunners keep lying about what Justice Scalia said about AR-15 civilian rifles...

2aguy

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Jul 19, 2014
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When we discuss the Right to own and carry guns, the anti gunners chirp up and say that according to Scalia, in the District of Columbia v. Heller decision, he said that they get to ban every single gun they want as long as they let us have guns in movies......or something like that......

The say that the opinion he wrote allows them to ban AR-15 civilian rifles....and they are lying.....

I just started listneing to NRA.tv podcasts...and the very first one they mention the Friedman v. Highland Park Supreme court dissent by Scalia and Justice Thomas when the nuts on the Supreme Court refused to hear the case...allowing the ban on AR-15 civilian rifles to stand....and in this dissent Scalia rejects the AR-15 civilian rifle ban....(clayton, this goes out to you...)

https://www.supremecourt.gov/opinions/15pdf/15-133_7l48.pdf

We explained in Heller and McDonald that the Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation.” Heller, supra, at 592; see also McDonald, supra, at 767– 769. We excluded from protection only “those weapons not typically possessed by law-abiding citizens for lawful purposes.” Heller, 554 U. S., at 625. And we stressed that “[t]he very enumeration of the right takes out of the hands of government—even the Third Branch of Government— the power to decide on a case-by-case basis whether the right is really worth insisting upon.”
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We cautioned courts against leaving the rest of the field to the legislative process: “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad.”
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The court asked in the first instance whether the banned firearms “were common at the time of ratification” in 1791. 784 F. 3d, at 410. But we said in Heller that “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.” 554 U. S., at 582.
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But that ignores Heller’s fundamental premise: The right to keep and bear arms is an independent, individual right. Its scope is defined not by what the militia needs, but by what private citizens commonly possess. 554 U. S., at 592, 627–629. Moreover, the Seventh Circuit endorsed the view of the militia that Heller rejected. We explained that “Congress retains plenary authority to organize the militia,” not States. Id., at 600 (emphasis added). Because the Second Amendment confers rights upon individual citizens—not state governments—it was doubly wrong for the Seventh Circuit to delegate to States and localities the power to decide which firearms people may possess.
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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 628–629.

Heller, however, forbids subjecting the Second Amendment’s “core protection . . . to a freestanding ‘interestbalancing’ approach.” Heller, supra, at 634. This case illustrates why. If a broad ban on firearms can be upheld based on conjecture that the public might feel safer (while being no safer at all), then the Second Amendment guarantees nothing. III

Americans now own over 8 million AR-15 rifles.......
 
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When we discuss the Right to own and carry guns, the anti gunners chirp up and say that according to Scalia, in the District of Columbia v. Heller decision, he said that they get to ban every single gun they want as long as they let us have guns in movies......or something like that......

The say that the opinion he wrote allows them to ban AR-15 civilian rifles....and they are lying.....

I just started listneing to NRA.tv podcasts...and the very first one they mention the Friedman v. Highland Park Supreme court dissent by Scalia and Justice Thomas when the nuts on the Supreme Court refused to hear the case...allowing the ban on AR-15 civilian rifles to stand....and in this dissent Scalia rejects the AR-15 civilian rifle ban....(clayton, this goes out to you...)

https://www.supremecourt.gov/opinions/15pdf/15-133_7l48.pdf

We explained in Heller and McDonald that the Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation.” Heller, supra, at 592; see also McDonald, supra, at 767– 769. We excluded from protection only “those weapons not typically possessed by law-abiding citizens for lawful purposes.” Heller, 554 U. S., at 625. And we stressed that “[t]he very enumeration of the right takes out of the hands of government—even the Third Branch of Government— the power to decide on a case-by-case basis whether the right is really worth insisting upon.”
---------

We cautioned courts against leaving the rest of the field to the legislative process: “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad.”
------

The court asked in the first instance whether the banned firearms “were common at the time of ratification” in 1791. 784 F. 3d, at 410. But we said in Heller that “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.” 554 U. S., at 582.
-----

But that ignores Heller’s fundamental premise: The right to keep and bear arms is an independent, individual right. Its scope is defined not by what the militia needs, but by what private citizens commonly possess. 554 U. S., at 592, 627–629. Moreover, the Seventh Circuit endorsed the view of the militia that Heller rejected. We explained that “Congress retains plenary authority to organize the militia,” not States. Id., at 600 (emphasis added). Because the Second Amendment confers rights upon individual citizens—not state governments—it was doubly wrong for the Seventh Circuit to delegate to States and localities the power to decide which firearms people may possess.
------

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 628–629.

Heller, however, forbids subjecting the Second Amendment’s “core protection . . . to a freestanding ‘interestbalancing’ approach.” Heller, supra, at 634. This case illustrates why. If a broad ban on firearms can be upheld based on conjecture that the public might feel safer (while being no safer at all), then the Second Amendment guarantees nothing. III

Americans now own over 8 million AR-15 rifles.......
You don't have to work so hard, you gun manufacturer stocks are safe. Relax, and go squeeze off a few rounds, you know you'll feel better.
 
When we discuss the Right to own and carry guns, the anti gunners chirp up and say that according to Scalia, in the District of Columbia v. Heller decision, he said that they get to ban every single gun they want as long as they let us have guns in movies......or something like that......

The say that the opinion he wrote allows them to ban AR-15 civilian rifles....and they are lying.....

I just started listneing to NRA.tv podcasts...and the very first one they mention the Friedman v. Highland Park Supreme court dissent by Scalia and Justice Thomas when the nuts on the Supreme Court refused to hear the case...allowing the ban on AR-15 civilian rifles to stand....and in this dissent Scalia rejects the AR-15 civilian rifle ban....(clayton, this goes out to you...)

https://www.supremecourt.gov/opinions/15pdf/15-133_7l48.pdf

We explained in Heller and McDonald that the Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation.” Heller, supra, at 592; see also McDonald, supra, at 767– 769. We excluded from protection only “those weapons not typically possessed by law-abiding citizens for lawful purposes.” Heller, 554 U. S., at 625. And we stressed that “[t]he very enumeration of the right takes out of the hands of government—even the Third Branch of Government— the power to decide on a case-by-case basis whether the right is really worth insisting upon.”
---------

We cautioned courts against leaving the rest of the field to the legislative process: “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad.”
------

The court asked in the first instance whether the banned firearms “were common at the time of ratification” in 1791. 784 F. 3d, at 410. But we said in Heller that “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.” 554 U. S., at 582.
-----

But that ignores Heller’s fundamental premise: The right to keep and bear arms is an independent, individual right. Its scope is defined not by what the militia needs, but by what private citizens commonly possess. 554 U. S., at 592, 627–629. Moreover, the Seventh Circuit endorsed the view of the militia that Heller rejected. We explained that “Congress retains plenary authority to organize the militia,” not States. Id., at 600 (emphasis added). Because the Second Amendment confers rights upon individual citizens—not state governments—it was doubly wrong for the Seventh Circuit to delegate to States and localities the power to decide which firearms people may possess.
------

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 628–629.

Heller, however, forbids subjecting the Second Amendment’s “core protection . . . to a freestanding ‘interestbalancing’ approach.” Heller, supra, at 634. This case illustrates why. If a broad ban on firearms can be upheld based on conjecture that the public might feel safer (while being no safer at all), then the Second Amendment guarantees nothing. III

Americans now own over 8 million AR-15 rifles.......

the leftists confuse his dangerous and unusual weapon statement

ar15s are not unusual nor are 30 round mags

he said a piker could be dangerous and unusual
 

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