if the D.C. Gun ban is struck down- could Assault Weapon Bans be next?

[bossy22]

If the SCOTUS strikes down the D.C. Ban on 2A rights- do you think that assault weapons ban could be next?

my personal feeling is maybe- i think the Cali ban could be construed as unreasonable because it bans almost all semi-auto long guns, but i feel bans like NY's (a copy of the 1994) will be allowed becasue they don't really ban any guns. I also think that magazine capacity restrictiosn can be found constitutional also under an individual 2A right.

[Ytzak]

1. If the DC gun ban is struck down...

It will be used as a precedent to remove every ban on any kind of gun.

[bossy22]

3. i don't totally agree

i think the court could find bans taht were construed very narrowly as constitutional

[krispos42]

5. It would be cited in all challenged to gun laws...

on a federal, state, and municiple level. It would take years of courtroom battles to shake out a new standard. Some laws would stand, some would fall. :shrug:

[bossy22]

6. i could see

the NYS pistol permit system getting a bit of an overhaul

[HALO141]

11. If only!

But I don't think you're correct.

[Boomer 50]

12. Yep

And we'll be going after the machine gun ban immediately after the decision should it not be struck down in the decision. We'll also be going after all laws that have exemption clauses in them. The anti gun crowd have no idea what is about to hit them. They've continually pushed to ban guns for so long and so hard, giving no consideration to what they were really doing that the push back is going to be quite intense and impressive.

Should SCOTUS incorporate the 2nd, which is in their pervue to do and has been brought up, you'll see a tsunami of civil rights violation lawsuits unlike anything in history.

The anti's should have left well enough alone. Now, it's our turn.

[SteveM]

2. If SCOTUS makes it clear that banning weapon-types is not the way to go...

I'm not sure how they would deal with prohibition, but if they make a strong statement that a citizen is presumed to have the strongest right of privacy and right to keep & bear arms in his/her home, then the era of gun-bans may pass us by. Regulation may remain in the realm of uses outside of home (public transport to and from cars, shooting ranges, hunting sites, when carrying concealed weapons in public), and due process regulation concerning who might own an arm (age, mental defect, felony record).

I do expect continued nuisance legislation about ammo, magazines, engraving, etc., until subsequent court rulings become more clear.

[spin]

4. The real definition of a assault rifle is...

"military firearm that is chambered for ammunition of reduced size or propellant charge and that has the capacity to switch between semiautomatic and fully automatic fire." http://www.britannica.com/eb/article-9009921/assault-rifle

"If referring to small arms, the key characteristics the military uses to define an assault weapon is that they are capable of automatic fire and are lightweight." http://en.wikipedia.org/wiki/Assault_weapon
*******

Civilian have been trained by the media and some state and federal laws to accept a different definition of assault rifle. If it resembles a military weapon or looks nasty, it's an assault rifle. http://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban

A weapon capable of full automatic fire (a "machine gun") is covered by different laws. A civilian can own one if he has a license. http://www.impactguns.com/store/machineguns_legalities.html

You can even own one in California if you have the proper license.

"A permit is not required to purchase firearms, but is required to possess a machine gun or an assault weapon. Carrying a concealed firearm requires a license." http://www.statemaster.com/graph/gov_gun_law_per-government-gun-laws-permits

So, it is possible that a SCOTUS ruling that strikes down the DC ban might lead to court ruling that eventually overturn the California ban. But I wouldn't get your hopes too high.

[derby378]

7. I don't think civilian full-auto is legal in California even with NFA Class 3...

That site doesn't mention that civilian full-auto is also illegal in New York, Illinois, Iowa, Washington, New Jersey, Delaware, and a few other states (including Kansas, which may be on the verge of ditching that law).

[L1A1Rocker]

8. I think SOTs are the only ones that can have them.

[spin]

9. You may be right...

further research:

http://nraila.org/GunLaws/#?st=FL

EXCERPTS:

California laws:

http://nraila.org/statelawpdfs/CASL.pdf

MACHINE GUNS AND OTHER FIREARMS
A machine gun is defined as any firearm, which
shoots, or is designed to shoot, automatically, more than
one shot, without manual reloading, by single function of
the trigger. The term also includes any conversion part,
frame or receiver of a machine gun, or any firearm deemed
as such by the federal government. Upon a showing of
good cause, a permit for possession and/or transportation
may be issued by the Department of Justice. It has been
reported that the Department of Justice refuses to grant
such permits.

compare to
Florida Laws:

http://nraila.org/statelawpdfs/FLSL.pdf

MACHINE GUNS
The possession of a machine gun, defined as any firearm which shoots, or is designed to shoot, automatically, more than one shot without manually reloading, by a single function of the trigger, is prohibited unless lawfully owned and possessed under provisions of federal law.

DISCLAIMER:

CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
*********

Another Florida Link: http://www.mp5.net/info/itmgwi.htm

**********
Interesting machine gun video:

http://youtube.com/watch?v=t6yyQ_328mA

Note: the only full auto weapon I ever fired was an M16 in the Air Force (back during the Vietnam era). While I own and shoot semi auto pistols, I prefer revolvers (wheel guns). I believe in the KISS principle (Keep It Simple Stupid).

[HALO141]

10. Hope so. n/t

.