Commonly Used Guns?

[johngo1 0]

Where in Heller or McDonald does it say that we have the right to commonly used guns?

 

Reason I ask is because if it does, how can they ban an ar-15? Isn't it the most commonly used gun?

[stein 1]

It was in Heller,(and many other 2A cases over the years)SCOTUS was referencing decision in Miller from 1939 that examined the constitutionality of the National Firearms Act.

The Miller Court, in reviewing the historical mening of "militia" concluded:

 

"The significance attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

[mipafox 438]

Common use is new and pulled out of some judges ass.

 

Last time this came up, it was over a sawed-off shotgun ("trench gun") that was not NFA registered.

 

It was ruled not covered by 2A because "sawed-off shotgun" is not a common military weapon, the purpose of the 2A.\

 

Hunting rifles and shotguns are arguably not protected under the 2A.

 

He should have won but he didn't show up due to death. Which is never good.

[johngo1 0]

Ok so argument is ar-15 is common how can it not be protected?

[BlueLineFish 615]

The ar-15 has become a popular hinting weapon. Especially with the hog hunters so whats the logic there