General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBiden must come out today and request a ban on assault weapons. Put the GOP and gun huggers
in the spotlight. There must be a vote on this. Win lose or draw, all the cards should be on the table. The anti-maskers and anti-gun control are mostly the same people. They don't care who dies and are helping to kill us all.
comradebillyboy
(10,134 posts)WarGamer
(12,423 posts)And after Heller, an AWB is probably unconstitutional, especially with Barf, GoodHair, Handmaiden, Sleepy, Scalito and JR on the Court.
Calista241
(5,586 posts)Nevermind 60 votes to defeat the filibuster.
WarGamer
(12,423 posts)hack89
(39,171 posts)Several state AWBs have been found constitutional post Heller. Heller says you have the right to own a handgun in your home for self defense. That is it.
WarGamer
(12,423 posts)Let's start.
From Harvard Law and Policy Review:
To the question what is protected under the Second Amendment?, Heller answers: those firearms in common use for lawful purposes like self-defense.[3] Common use suggests two possibilities.One is a narrow, numerical standard that would protect best-selling models from popular manufacturers but allow prohibitions on obscure brands of essentially the same gun. The other view is that common use means functionally common. This view would protect the entire class of similarly functioning guns regardless of whether millions were sold by popular makers.
Functional commonality is the better and really the only defensible view for two reasons. First, the cribbed numerical approach produces the same kind of equal protection problem that prompted challenges and then amendments to Californias assault weapons ban.[4] It is difficult to justify drastically different treatment of owners and manufacturers of functionally identical guns.
The second objection is that the common use standard derives from the eighteenth-century understanding that citizens were expected to answer the militia call with arms provided by themselves in common use at the time for lawful purposes like self defense.[5] Gun manufacturing at the time was pre-assembly line. Most private firearms were functionally similar, but every gun was essentially custom-made.[6] So, the common use standard was not and is not source specific.
So... with Heller language, AWB are certainly "in common use" and with the current makeup of SCOTUS, an AWB would be found unconstitutional.
Speaking of unconstitutional, did you read this?
https://www.npr.org/2020/08/14/902676422/federal-appeals-court-throws-out-california-ban-on-large-capacity-gun-magazines
In a blow to gun control activists, the 9th U.S. Circuit Court of Appeals ruled on Friday that California's ban on large-capacity ammunition magazines is unconstitutional, violating the Second Amendment.
In a 2-1 decision, the panel of judges found that such firearm magazines are protected arms under the Second Amendment and are not "unusual arms" that would fall outside its scope.
This is all really basic stuff... I'm not using obscure readings of the law to justify myself.
hack89
(39,171 posts)They have never ruled the opposite. Seems pretty straightforward to me.
WarGamer
(12,423 posts)You can whistle through the graveyard but the truth is, an AWB is 10x more difficult today than in 1994.
hack89
(39,171 posts)Heller says you can own a handgun for self defense. That CA ruling says that banning the magazines used in the majority of handguns violates Heller.
WarGamer
(12,423 posts)But the language will be used to defend Assault Weapons which CLEARLY qualify as Common Use firearms.
Several of the exceptions you noted are all pre-2019 and don't reflect the Trump Federal Courts.
NY also lost the court case re: magazine capacity
There will not be another 1994 AWB. Politically and Constitutionally it's done.
I think we'll see an AWB case make it to SCOTUS soon. They can't keep avoiding it.
hack89
(39,171 posts)And it has everything to do with the Senate. To win the Senate means we have to elect Dems in pro-gun swing states. The Democratic party will choose the Senate over an AWB every time - just like after Sandy Hook.
WarGamer
(12,423 posts)You think they'll lean towards the Circuit Courts?
I don't.
I think the Circuit Court cases in NY, CT, MA, etc... will be taken down.
USALiberal
(10,877 posts)And youll never collect them all.
Anyone can buy one and if not they can buy an illegal one that was stolen.
The big question is why people in the United States want to kill a bunch of people
WarGamer
(12,423 posts)I think I read 15-17 million AR15's by themselves.
USALiberal
(10,877 posts)YMB
(63 posts)number based on actual sales according to the FBI (or was it ATF?). So that doesnt include private sales nor home made "ghost guns". Considering that, the real number could be in the 20+ million. And thats just AR15's, doesnt include other stuff like AK's, Mini-14's ect. or "Battle Rifles" like the M1a, FAL, G3 and the like which also fall under the "assault weapon" category.
WarGamer
(12,423 posts)It's a metric shit-ton of guns.
Demsrule86
(68,539 posts)Iggo
(47,545 posts)Kingofalldems
(38,440 posts)Straw Man
(6,622 posts)... is itself a talking point.
ahimsa
(426 posts)Straw Man
(6,622 posts)Nowhere did I misrepresent or exaggerate the statements of my interlocutors. It seems that you don't know what a "straw man" argument is.
ahimsa
(426 posts)It was simply a reference to your name hence the quotes. My apologies- have a good weekend!
Straw Man
(6,622 posts)And you as well!
Kingofalldems
(38,440 posts)Democrats are for gun control, repubs and Trump cultists are not. That's a fact.