Sounds like one that the SAF might well go after.
This is a discussion on Supreme Court: Ban against full auto un-Constitutional within the General Firearm Discussion forums, part of the Related Topics category; Atleast, that'd be the headline if the provision inside the 1986 FOPA banning FA weapons after that date ever makes it to the Supreme Court, ...
Atleast, that'd be the headline if the provision inside the 1986 FOPA banning FA weapons after that date ever makes it to the Supreme Court, and for one simple reason: Miller.
US v Miller, SCOTUS held that a weapon was not allowed because it was not 'in common use'. The corollary is that if a weapon is 'in common use', it's legal and allowed to be owned by civilians. FA rifles are 'in common use' by the military. Therefor, if they follow their own precedent, if this ever gets brought up in court, that subsection should be ruled unConstitutional. It's also predicated on the statement of "some reasonable relationship to the preservation or efficiency of a well regulated militia".
And that too, is why an AWB will not hold up in courts, if they follow jurisprudence: Not only are 'assault weapons' in common use by civilians, but also by the police and the military. There is no way to get around that one. And a 'military weapon' has some 'reasonable relationship' with a militia, does it not?
Now... who wants to pony up the cash for this fight?
Sounds like one that the SAF might well go after.
I say we deal with the current gun control fight, then take this one on after that.
"... advice is a dangerous gift, even from the wise to the wise, and all courses may run ill." -J.R.R. Tolkien
It may be a possibility, and I agree with it in principle, but I think timing is off.
Gotta know when to strike.
Select fire weapons are not in common use among the population, thanks to the 86 law. So, I don't think it would fly on that alone.
If it could be proven that the people have the right to keep and bear arms, the same arms as a soldier may bear, then that might open a door. But that is a long way off given the fight we have now.
Time will tell.
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Trust in God and keep your powder dry
"A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source
"In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense."
United States v. Miller
It will be interesting to see how this unfolds. Perhaps the roar of the antis will come back to bite them...or not...
IIRC, the SC stated in the Heller decision that regulations that prohibit things like machine guns and carrying a firearm into a court room would be Constitutional.
"Common use" means commonly used by civilians - not the military.
Sorry, but you're barking up the wrong tree. Let's worry about protecting our rights. This is not the time to be inflaming the issue by trying to get full auto legalized. Besides - can't afford the ammo anyway.
The number of people killed because they didn't have "enough gun" is dwarfed by those who had none at all.
My favorite "gun" book-
QUANTITATIVE AMMUNITION SELECTION
I wonder if hoarding still technically counts as use.
I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."
The Constitution means what it means, regardless of previous Supreme Court bumbling. Our right to keep and bear arms shall not be infringed... Especially to keep and bear the very same arms that are in common use by soldiers. How else can we maintain a well-regulated militia?
What use is the right to keep and bear spitwads and bottle rockets? Disarming The People is the foundation of tyranny.
Stare Decisis is only useful as far as a current court agrees with a previous court. Nothing in Miller would force a current court to rule in any manner. While Heller does uphold the common use clause in Miller it in no way indicates that the Court is ready to allow full autos to come back to the market. If anything they language leaves one to believe the court would rule against allowing it to happen.
"The only people I like besides my wife and children are Marines."
- Lt. Col. Oliver North
Your still thinking pre-Obama. We have a ruler now, not a president. The supreme court and the Constitution are on his hit list as well.
Let your plans be dark and impenetrable as night, and when you move, fall like a thunder bolt...... Sun Tzu.
The supreme art of war is to defeat the enemy without fighting........ Sun Tzu.
The Protection act was passed in CONG , it was not a EXEC order like what Barry is looking to do.
CONG banned the AW weapons in 86, atleast thats what politicians called them, so WTH are we banning now!!