Quote History Quoted:
I believe so. The framers didn’t say “the right of the people to keep arms in common use shall not be infringed”. The common use test is bullshit, except when applied after an item has long been in use. . Just means that lawmakers will ban the phased plasma rifles in the 40W range when they are invented, before they even have a chance to be “in common use”.
View Quote View All Quotes
View All Quotes
Quote History Quoted:Quoted:Quoted:
“This means that if policymakers don’t like a brand new weapon, let’s say hypothetically, it doesn’t exist today,” McKenna continued. “If they want to ban it, they would need to move to ban it before it comes into common use.”
Which begs the question: does the common use test paint us into the corner?
I believe so. The framers didn’t say “the right of the people to keep arms in common use shall not be infringed”. The common use test is bullshit, except when applied after an item has long been in use. . Just means that lawmakers will ban the phased plasma rifles in the 40W range when they are invented, before they even have a chance to be “in common use”.
Correct. The common use "standard" is just another example of judicial overreach & fabrication. It was introduced in
Miller, & has been maintained ever since. Even Scalia referred to it in
Heller, though I suspect he doesn't agree with it, but conceded to get other justices on board the with majority decision. It doesn't appear to be going away, & the longer it stays, the more entrenched it becomes, but it's false doctrine.