Since then, the Firearms for Citizens have been delinked to what the military has.
Why? Because the gun haters wanted it that way? It makes no sense. Who got to decide on this de-linking?
In 1939, when
Miller was decided, and decades after that, citizens had the right to state-of-the-art machine guns.
The
Miller Court said:
"
The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon."
By implication, a weapon that is commonly carried by regular soldiers
would bear a reasonable relationship to militia service.
But, in 1986, the government infringed on that right with the Hughes Amendment.
What changed? The weapons of a soldier have been substantially the same since WWI. The "Tommy" gun and B.A.R. were regularly carried by soldiers, and today's standard rifles are substantially similar in operation and firepower.
There are very few outright bans.
Hughes Amendment is an unconstitutional outright ban, and a pretty fucking big one.
The original intent of that 200 bucks was to tax various weapons out of existance. Since then, it's still 200 bucks and it's used to separate the fun seekers from the serious people.
The reason they did it by taxation is because they knew it would be undoubtedly unconstitutional to do it any other way. The intent alone is unconstitutional.
And, now we have the Hughes Amendment, that ignores the barely constitutional nature of the NFA, and just goes straight to outright infringement.
Am I wrong?
.