Your argument overreads Heller. “In common use” is not a magic phrase that automatically immunizes any popular firearm from regulation.
Your statement is false, and you knew it was false when you made it
"In common use for traditionally legal purposes" is the term the court uses to decide if a firearm qualifies as a "bearable arm" and thus falls under the protections of the 2nd
Heller recognized both that protected arms are commonly used for lawful purposes and that “dangerous and unusual weapons” may be banned, expressly noting that “M-16 rifles and the like” are outside the protected core. District of Columbia v. Heller, 554 U.S. 570, 624–27, 627 n.26 (2008)
Your prove my claim, above. Thank you
An AR-15 may be common in the market, but market prevalence is not the same as constitutional protection.
The AR15(et al) is the most popular rifle in America, commonly available, in common use, and commonly chosen for use, for just about every legal purpose there is for a firearm - if the AR15s level of availability, use, and choice for use does not meet
Heller's "in common use and thus is a bearable arm, protected by the 2nd" test, then no firearm does.
Bruen requires a historical-tradition analysis, not a purely popularity-based test. New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022)
Thank you for demonstrating you do not understand
Bruen
Hint: the historical-tradition analysis is the
2nd step, independent from the 1st.
We're discussing the 1st step.
The constitutional question remains whether the weapon falls within the historical tradition of arms the Second Amendment protects, or instead within the category of dangerous and unusual weapons that Heller said may be prohibited. District of Columbia v. Heller, 554 U.S. 570 (2008)
Thank you for again demonstrating you do not understand
Heller,
Caetano or
Bruen.
Hint: the historical-tradition analysis is the
2nd step, independent of the 1st.
We're discussing the 1st step.
Heller did not clearly and exhaustively define the category. It used broad language,
It did, and intentionally so -- and, unquestionably, the AR15(et al) meets the requirements of that language.
Also, citing “commonly available” from a Cargill dissent does not establish Second Amendment law.
I didn't say it did. I used the words of the lunatic anti-gun liberal justices to support and expand my point.
If a firearm is commonly available, commonly used, and commonly chosen for use for traditionally lawful purposes, it qualifies as a "bearable arm" and falls under the protection of the 2nd Amendment.
This describes the AR15(et al)
You cannot demonstrate otherwise.
The actual constitutional question remains whether the arm fits within the protected category under Heller and Bruen. District of Columbia v. Heller,
Thank you for further demonstrating you do not understand
Bruen
Hint: The historical-tradition analysis is the
2nd step, independent of the 1st.
We're discussing the 1st step.