- Jun 26, 2006
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Those who are asking why someone should be allowed to have a rifle like an AR-15 are missing the point entirely.
Regardless of whether or not one feels that an assault weapons ban would be a good idea, it is clearly unconstitutional after DC v. Heller, which states that the 2nd Amendment protects all arms "in common use".
The AR-15 is the best selling center-fire rifle in the United States at the moment. It is in common use, and therefore it is protected. The same follows for other rifles that are similar in nature, even if they are not quite as popular.
While magazine capacity restrictions were not addressed in Heller, the same "common use" argument could be applied. The magazine is necessary to the functionality of the firearm. If something like an AR-15 is protected under the 2nd Amendment, the magazines necessary to its functionality must be as well. Since 30 round magazines are the standard capacity magazine for a firearm in common use, the magazines of that capacity are also in common use, and it follows that they would also be protected under the 2nd Amendment.
Even if an assault weapons ban does pass, it will be struck down by the Supreme Court. So all those who want an assault weapons ban are doing is wasting their own time, and the taxpayer's time and money.
Regardless of whether or not one feels that an assault weapons ban would be a good idea, it is clearly unconstitutional after DC v. Heller, which states that the 2nd Amendment protects all arms "in common use".
The AR-15 is the best selling center-fire rifle in the United States at the moment. It is in common use, and therefore it is protected. The same follows for other rifles that are similar in nature, even if they are not quite as popular.
While magazine capacity restrictions were not addressed in Heller, the same "common use" argument could be applied. The magazine is necessary to the functionality of the firearm. If something like an AR-15 is protected under the 2nd Amendment, the magazines necessary to its functionality must be as well. Since 30 round magazines are the standard capacity magazine for a firearm in common use, the magazines of that capacity are also in common use, and it follows that they would also be protected under the 2nd Amendment.
Even if an assault weapons ban does pass, it will be struck down by the Supreme Court. So all those who want an assault weapons ban are doing is wasting their own time, and the taxpayer's time and money.