2aguy
Diamond Member
- Jul 19, 2014
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I saw this story here...it discusses the fact that so called assault weapon bans have no facts, truth or reality behind them...of course everyone knows that.....but it is good when someone puts it to paper this well...
Paper: "Assault Weapon Bans" Have No Rational Basis - The Truth About Guns
And here is the actual paper linked to in the above article..
Assault Weapon Bans: Can They Survive Rational Basis Scrutiny? by Clayton E. Cramer :: SSRN
VII. AW Bans Fail Rational Basis Analysis
The evidence is clear that AW bans fail rational basis scrutiny because AWs are seldom criminally misused relative to more readily accessible weapons.
The disproportionate minimum sentences in California’s AWCA law relative to much more dangerous weapons suggests a panic reaction that is hardly rational.
The comments of journalists, elected officials, and gun control activists reveal bigotry that makes Colorado Amendment 2 seem pretty calm by comparison.
Even the courts are reduced to arguing that perceived benefit as opposed to actual benefit is a sufficient reason to uphold bans.
One of the points made in the paper......rape and owning a hand grenade carry less of a sentence than an illegal assault weapon not used in a crime.
V. Sentence Length As An Indicator of Irrationality
Looking at the minimum sentences provided for AW violations relative to other crimes gives a pretty clear picture of what the legislatures considered the level of public safety hazard associated with AWs.
California’s minimum sentence for possession of an unlicensed machine gun56 is substantially shorter than the minimum sentence for sale or importation of an “assault weapon.”57 Even more curiously, possession of a hand grenade is even a lighter sentence than either.58 (This is a prohibition on functional hand grenades; possession or importation of a “metal military practice handgrenade or metal replica handgrenade” is prohibited elsewhere.59)
Adding to this strange disparity, the minimum sentence for forcible rape60 is less than the minimum sentence for import or transfer of an “assault weapon.”
Clearly, the California legislature considers “assault weapons” a greater public safety hazard than machine guns, grenades, or rapists, if the severity of the sentence is any indicator. This suggests a panic reaction, not a rational decision.
Paper: "Assault Weapon Bans" Have No Rational Basis - The Truth About Guns
And here is the actual paper linked to in the above article..
Assault Weapon Bans: Can They Survive Rational Basis Scrutiny? by Clayton E. Cramer :: SSRN
VII. AW Bans Fail Rational Basis Analysis
The evidence is clear that AW bans fail rational basis scrutiny because AWs are seldom criminally misused relative to more readily accessible weapons.
The disproportionate minimum sentences in California’s AWCA law relative to much more dangerous weapons suggests a panic reaction that is hardly rational.
The comments of journalists, elected officials, and gun control activists reveal bigotry that makes Colorado Amendment 2 seem pretty calm by comparison.
Even the courts are reduced to arguing that perceived benefit as opposed to actual benefit is a sufficient reason to uphold bans.
One of the points made in the paper......rape and owning a hand grenade carry less of a sentence than an illegal assault weapon not used in a crime.
V. Sentence Length As An Indicator of Irrationality
Looking at the minimum sentences provided for AW violations relative to other crimes gives a pretty clear picture of what the legislatures considered the level of public safety hazard associated with AWs.
California’s minimum sentence for possession of an unlicensed machine gun56 is substantially shorter than the minimum sentence for sale or importation of an “assault weapon.”57 Even more curiously, possession of a hand grenade is even a lighter sentence than either.58 (This is a prohibition on functional hand grenades; possession or importation of a “metal military practice handgrenade or metal replica handgrenade” is prohibited elsewhere.59)
Adding to this strange disparity, the minimum sentence for forcible rape60 is less than the minimum sentence for import or transfer of an “assault weapon.”
Clearly, the California legislature considers “assault weapons” a greater public safety hazard than machine guns, grenades, or rapists, if the severity of the sentence is any indicator. This suggests a panic reaction, not a rational decision.
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