Another SCOTUS thread

[Backfire]

This is from a CCW instructor and we all know they are sharp as tacks. However this guy reads a statement from the CRPA attorney regarding the case, that also raises the threshold that courts need to consider regarding 2A cases.

Starts Reading at 4:00
Statement at 7:30

[Krazykarl]

Bottom line, Thomas wrote individual right for a common use weapon for self protection. End.

[BoringGuy45]

Bottom line, Thomas wrote individual right for a common use weapon for self protection. End.

I can't help but wonder if the definition of "common use" will be expanded in some way as well. Common use by whom? Civilians or the military? Back when the Constitution was written, those weapons were one and the same. So, from an originalist reading, can there really be a distinction? The only reason a lot of military weapons are not in "common use" by civilians is because thus-far unchallenged laws prevented civilians from buying them legally. Can a weapon really be considered NOT in common use because the government unconstitutionally prohibited citizens from owning it? My point being, could, by the same standards of Bruen, the NFA end up being overturned, to include automatic weapons?

[SteyrAUG]

I can't help but wonder if the definition of "common use" will be expanded in some way as well. Common use by whom? Civilians or the military? Back when the Constitution was written, those weapons were one and the same. So, from an originalist reading, can there really be a distinction? The only reason a lot of military weapons are not in "common use" by civilians is because thus-far unchallenged laws prevented civilians from buying them legally. Can a weapon really be considered NOT in common use because the government unconstitutionally prohibited citizens from owning it? My point being, could, by the same standards of Bruen, the NFA end up being overturned, to include automatic weapons?

Doesn't really matter, the entire issue was undermined with the Dick Act of 1903 which declared the National Guard to be the "organized militia" and the civilian population to be the "unorganized militia" (which has never been called up). Of course this could never be the "militia" of the second amendment because the distinction didn't exist prior to 1903 and the National Guard itself dates back to pre revolutionary times.

But with the Dick Act passed into law, the entire concept of the "militia" and related things like "common usage weapons" were legally changed from their original definitions codified in the Bill of Rights.

If we ever hope to fix anything, we have to go back in order and first remove the "sporter clause" within the 1968 GCA (which permits ATF to legislate by decree and declare which weapons are suitable for importation or manufacture for US citizen), or better strike and remove most or all the 1968 Gun Control Act since it's clearly been an abject failure that proves you cannot control crime by regulating objects.

Then we can safely remove the 1934 NFA and then remove the Dick Act of 1903 and then we will have second amendment freedoms as they were intended by the Bill or Rights and specifically defined by the Federalist Papers. Which ironically would be exactly what we'd have IF the SCOTUS was capable of following their own rules.

[soulezoo]

Let's not forget the lessons in Miller. While that ruling was a crap ton of failure as a whole, they ruled that the 2nd protected primarily military use arms.

[BoringGuy45]

https://www.foxnews.com/opinion/one-...bortion-ruling

WV v. EPA could strip federal agencies of their current ability to make laws and regulations without Congressional approval. I'm wondering if this could put a very long delay, or even permanent end to the bump stock and pistol brace regulations.

[MegademiC]

Still looking for "common use" in the 2nd Amendment.
Im sure its there somewhere, Im just not looking hard enough.

[FromMyColdDeadHand]

‘Battle field weapons’? Every single small arm that the military uses has an analog in civilian use for over 100 years. Handguns, shotguns, semi-auto rifles, and bolt action rifles. If the standard is ‘battlefield weapons’, that is all firearms. Even 22lr.

Hell, civilian arms have driven military small arms. When the farmers took shots at the British troops after Lexington and Concord, who had the more advanced arms? Whose small arms are more like the firearms of today? The rifles of the militia, or the smooth bore long guns British? How many parts on a military M4 are from competition shooting? The ammo, the free floated barrel, the red-dot sights, among others.

[ABNAK]

I have a question: SCOTUS ruled that NY state could not be selective in it's CCW requirements, i.e. like requiring a reason. However, I didn't read anything that prevented a state from having no CCW law at all (?). Couldn't a libtard state like NY simply repeal the CCW law and be done with it?

In other words if you have a CCW law it needs to be "shall issue", but what if you didn't have one at all?

[Krazykarl]

Still looking for "common use" in the 2nd Amendment.
Im sure its there somewhere, Im just not looking hard enough.

I believe the answer you seek is covered by the 14th amendment. Property rights for individual use are outlined.

FWIW, the Heller decision does describe common use as those weapons in common use as determined by the citizens.