So Brain, I hope you haven't exhausted yourself with 5 pages of completely pointless wheel-spinning because I am interested in your abilities to actually debate your gun control positions on a legal footing.
This thread was intended for your side to sell your proposals as worthwhile and explain how they are legally possible. To go on and on about what you want to do without any inspection of --if you are able to do it-- seems a bit foolish and useless to me.
So, you seem to believe that an "assault weapons ban" should be reinstated (and even expanded no doubt). Now is the time to explain how this can be done in conformance to the Constitution and recognizing / respecting the protection sphere that SCOTUS has established.
And this is not exclusive to Brain; any of the resident gun control advocates should feel free to rebut / explain the legal legitimacy of what you want to do . . .
What follows is
my post #342 that you "missed":
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Why is it you think those arms are so protected, . . .
Because they meet ALL the protection criteria by which SCOTUS decides whether government is held impotent to dictate to the law-abiding citizen regarding their possession and use.
Those criteria are whether the arm is of the type that constitute the ordinary military equipment and can be employed advantageously in the common defense of the citizen and whether the arm is of a type in common use by the citizens.
Only after failing ALL those tests can the arm be deemed "dangerous and unusual" and the government would be allowed to argue that a power should be recognized /afforded to it to allow it to restrict the civilian possession and use of that type of arm.
This means that the government can only regulate the people's keeping and bearing of arms that are
not in common use,
not of a type that is part of the ordinary military equipment and of a type that would be useless in the common defense of the citizen.
No guns are 'illegal", there are some types that have been deemed to be "dangerous and unusual" by Congress who has claimed the power (through the tax code) to restrict the possession and use of those types of arms by civilians,
without the application of the above criteria.
Note that none of those restrictions have been reviewed using a post
Heller understanding or the right to arms nor with any recognition of
McDonald's affirmation of the right to arms being a fundamental right (thus demanding the application of strict scrutiny to laws challenged as violative of the right).
Can you buy a brand new automatic rifle? Nope.
Heller applied the criteria "in common use" as a final filter, noting that while full auto's are obviously part of the ordinary military equipment (and thus protected under the 2nd), the law restricting them for over 70 years (NFA-34) has effectively made them
currently,
not in common use.
Heller doesn't endorse or affirm the constitutionality of NFA-34's treatment of full auto's and makes a point of noting that the NFA-34 restrictions on full-auto's was not under examination in
Miller . . .
So I see no reason why you can buy a hi cap semi-auto. Both can kill lots of people really fast.
You are advancing an emotional construct not a legal one.
Your unfamiliarity with the law is the only reason why you, "
see no reason why".
"In common use" has been advanced as the final filter for the protection criteria and in
Heller, for deciding the constitutionality of DC's handgun ban, held it to be stand alone.
The fact that semi-auto military look-alike rifles are "in common use" and of the type that constitutes the ordinary military equipment and of a type that could be employed advantageously in the common defense of the citizen, the argument that
any law restricting the possession and use by citizens would be constitutional, is relegated to the status of wishful thinking.