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Posted: 10/24/2014 11:00:50 PM EDT
If AWBs ban certain features that are commonly found on military weapons, and Miller specifically protects military type weapons...

How does that work?
Link Posted: 10/24/2014 11:06:45 PM EDT
[#1]
They aren't.
Link Posted: 10/24/2014 11:08:35 PM EDT
[#2]
Quoted:
If AWBs ban certain features that are commonly found on military weapons, and Miller specifically protects military type weapons...

How does that work?
View Quote


Since apparently you're read up on the supreme court rulings from yesteryear but have not kept up with last decade:

District of Columbia v. Heller (2008)

"Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons. It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment."

Given the president set but Miller.... what exactly is a "commonly found feature" present in any assault weapon? Keep in mind the case was about a shotgun with a short barrel. Not that I agree, but that is what the ruling was.
Link Posted: 10/24/2014 11:10:01 PM EDT
[#3]
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Quoted:


Since apparently you're read up on the supreme court rulings from yesteryear but have not kept up with last decade:

District of Columbia v. Heller (2008)

"Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons. It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment."

Given the president set but Miller.... what exactly is a "commonly found feature" present in any assault weapon? Keep in mind the case was about a shotgun with a short barrel. Not that I agree, but that is what the ruling was.
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Quoted:
Quoted:
If AWBs ban certain features that are commonly found on military weapons, and Miller specifically protects military type weapons...

How does that work?


Since apparently you're read up on the supreme court rulings from yesteryear but have not kept up with last decade:

District of Columbia v. Heller (2008)

"Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons. It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment."

Given the president set but Miller.... what exactly is a "commonly found feature" present in any assault weapon? Keep in mind the case was about a shotgun with a short barrel. Not that I agree, but that is what the ruling was.


Miller is even more of a crap shoot simply because the one who brought the case wasn't there to argue it.
Link Posted: 10/24/2014 11:10:51 PM EDT
[#4]
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Quoted:
They aren't.
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No, they are not
Link Posted: 10/24/2014 11:11:56 PM EDT
[#5]
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Quoted:
They aren't.
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Came here to post this.

No one has pushed it yet... yet.
Link Posted: 10/24/2014 11:14:59 PM EDT
[#6]
Quoted:
If AWBs ban certain features that are commonly found on military weapons, and Miller specifically protects military type weapons...

How does that work?
View Quote


They're not...the Supreme Court at the time was wondering if a Sawed Off Shotgun was suitable for Military Duty...
the Justices weren't too familiar with the trench guns used in WWI

These days....the interpretation is that its limited to Hunting Rifles...
Link Posted: 10/24/2014 11:20:44 PM EDT
[#7]
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Quoted:

Given the president set but Miller.... what exactly is a "commonly found feature" present in any assault weapon? Keep in mind the case was about a shotgun with a short barrel. Not that I agree, but that is what the ruling was.
View Quote


Pistol grips, flash hiders, 30 round magazines etc.

I know what the case is about, but the wording is quite broad.

I'm familiar with Heller, but I've not read the entire ruling, or dissenting opinions.
Link Posted: 10/24/2014 11:24:06 PM EDT
[#8]
They're not compliant with the second amendment to the United States Constitution either. It doesn't stop these people.
Link Posted: 10/24/2014 11:29:16 PM EDT
[#9]
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Quoted:
Miller is even more of a crap shoot simply because the one who brought the case wasn't there to argue it.
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And even with that it wasn't a slam dunk for the Feds.  
Link Posted: 10/24/2014 11:33:34 PM EDT
[#10]
wrong case.
 



Basically, the ruling that matters is Heller, which says that the government can't ban handguns or refuse to issue gun licenses, and if you qualify for a gun license then you can keep and bear a registered handgun in your home.
Link Posted: 10/25/2014 12:00:09 AM EDT
[#11]
I got in a debate with somebody about machine guns. And I was thinking that machine guns would be covered under Heller because they're in common use, but not by citizens generally, which is why I thought of Miller, because it covers military weapons.
Link Posted: 10/25/2014 12:09:16 AM EDT
[#12]
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Quoted:
I got in a debate with somebody about machine guns. And I was thinking that machine guns would be covered under Heller because they're in common use, but not by citizens generally, which is why I thought of Miller, because it covers military weapons.
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IIRC the "common usage" wording in Heller pertains to common use by civilians. Seeing as how Evil Black Rifles with shoulder things that go up have become one of the most popular firearms owned these days, hopefully if anything comes down the pipe our more vigilant politicians, lawyers, and 2A advocacy groups will push that fact to strike down any draconian bullshit that comes our way.
Link Posted: 10/25/2014 12:14:55 AM EDT
[#13]
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Quoted:
I got in a debate with somebody about machine guns. And I was thinking that machine guns would be covered under Heller because they're in common use, but not by citizens generally, which is why I thought of Miller, because it covers military weapons.
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Technically, someone could get dickish and say that so-called assault weapons have nothing to do with it because the military uses select-fire, shorter bbls, etc. So called AWs and the monstrosities plagued with bullet buttons and/or stripped of certain cosmetics are not in general use by the military, period..

Based on Miller...the whole NFA should have been scrapped.


Link Posted: 10/25/2014 12:20:54 AM EDT
[#14]
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Quoted:


Technically, someone could get dickish and say that so-called assault weapons have nothing to do with it because the military uses select-fire, shorter bbls, etc. So called AWs and the monstrosities plagued with bullet buttons and/or stripped of certain cosmetics are not in general use by the military, period..

Based on Miller...the whole NFA should have been scrapped.


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Quoted:
Quoted:
I got in a debate with somebody about machine guns. And I was thinking that machine guns would be covered under Heller because they're in common use, but not by citizens generally, which is why I thought of Miller, because it covers military weapons.


Technically, someone could get dickish and say that so-called assault weapons have nothing to do with it because the military uses select-fire, shorter bbls, etc. So called AWs and the monstrosities plagued with bullet buttons and/or stripped of certain cosmetics are not in general use by the military, period..

Based on Miller...the whole NFA should have been scrapped.




That's pretty much the exact thing I am arguing.
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