Can the Government Ban ‘Assault Weapons’? Constitutional Experts Weigh In

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    Senior Member Array onacoma's Avatar
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    Can the Government Ban ‘Assault Weapons’? Constitutional Experts Weigh In

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    Sigmund Freud associates retarded sexual and emotional development not with gun ownership, but with a fear and loathing of weapons!

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    Well, the author buys the canard that since weapons that are banned under the NFA (1934) are uncommon they should continue to be banned. They are uncommon precisely because they are essentially banned, of a limited population and expensive to own - both purchase price due to the limited pool of guns and the cost of a trust and the stamp. If the NFA were repealed, select fire M4s and M16s would be as popular and "common" as the current semi auto M4s and AR15s.
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    VIP Member Array Harryball's Avatar
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    Can the Government Ban ‘Assault Weapons’? Constitutional Experts Weigh In
    Yes they can. Will it stand in court? Not sure..
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    Based on the fact that they did it in 94 and it stood for 10 years I would say it appears the CAN do it. Not saying it is right, but history would suggest they can and will if given a chance.
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    They can ban anything they want too
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    I think that they should try banning hard liquor, beer, and wine some time as a "test case" just to see if an outright ban like that would be effective.
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    Quote Originally Posted by QKShooter View Post
    I think that they should try banning hard liquor, beer, and wine some time as a "test case" just to see if an outright ban like that would be effective.
    - We already have a test case. Drugs.
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    "can" is an interesting word. We know the ban can be enacted because we have already had one for 10 years.
    So yes they can. Should they? Would it be possible to enforce? Would it withstand future legal challenges on
    grounds not used during the prior ban? Who knows!!!
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    Senior Member Array Adam42's Avatar
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    The "Second Amendment" was written by our forefathers to protect the people from its national Government. They did not want our government one day to become what their British government had become. Now think about this "IT IS THE SECOND MOST IMPORTANT THING THAT THEY WANTED TO PROTECT" behind the freedom clause of the "First Amendment", these amendments were not just listed "willy nilly". they were listed by importance. If the morons in Washington use their heads for something other than growing hair they might understand what is going on.
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    Member Array rednichols's Avatar
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    Quote Originally Posted by BugDude View Post
    Based on the fact that they did it in 94 and it stood for 10 years I would say it appears the CAN do it. Not saying it is right, but history would suggest they can and will if given a chance.
    The Supreme Court rulings of Haller and McDonald weren't both in place at that time; which ruled that military weapons were precisely protected for ordinary citizens by the Second Amendment. So I reckon they'd not be able to get the votes for a ban, and that would be in part because they'd get legal advice (like it or not) that a ban was unconstitutional. Surely that underpinned Feinstein's failure the second time around.

    Perhaps the converse is needed: with the Court's rulings, perhaps now is the time to press for the legalising of full autos. I seem to be seeing references to silencers in the USA, when I thought they, too, were banned by the same Act; so are they legal somewhere/somehow?
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    Quote Originally Posted by rednichols View Post
    The Supreme Court rulings of Haller and McDonald weren't both in place at that time; which ruled that military weapons were precisely protected for ordinary citizens by the Second Amendment. So I reckon they'd not be able to get the votes for a ban, and that would be in part because they'd get legal advice (like it or not) that a ban was unconstitutional. Surely that underpinned Feinstein's failure the second time around.

    Perhaps the converse is needed: with the Court's rulings, perhaps now is the time to press for the legalising of full autos. I seem to be seeing references to silencers in the USA, when I thought they, too, were banned by the same Act; so are they legal somewhere/somehow?
    [sarcasm] Uh, that would do wonders for easing the ammo shortage.[/sarcasm]
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    ...yup, pay, wait, carefully follow the law...and a US citizen can own a suppressor, if he can own a firearm...under Federal law...some states' laws forbid it...
    Quote Originally Posted by rednichols View Post
    The Supreme Court rulings of Haller and McDonald weren't both in place at that time; which ruled that military weapons were precisely protected for ordinary citizens by the Second Amendment. So I reckon they'd not be able to get the votes for a ban, and that would be in part because they'd get legal advice (like it or not) that a ban was unconstitutional. Surely that underpinned Feinstein's failure the second time around.

    Perhaps the converse is needed: with the Court's rulings, perhaps now is the time to press for the legalising of full autos. I seem to be seeing references to silencers in the USA, when I thought they, too, were banned by the same Act; so are they legal somewhere/somehow?

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    We can debate & descuss it but the fact is today's Government leaders don't care anything about the original intent of the US Constitution. They only care about protecting their benefits & making sure we continue to pay for them. We are going down a path that will eventually lead to nothing good. Our forefathers left a out of control Government & put the USC in place to prevent what we have now, a out of control power hungry National Government.

    It really isn't if they will trample on the 2nd amendment, they will because they have to for power they want over the people.
    Snub44 likes this.
    Everyone has an opinion & this is just mine sorry if it offends anyone.
    ALSO I don't HATE LEOs I just Hold them to a Higher Standard of the LAW & nothing anyone says will change my opinion on this

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