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View Diary: A New Assault Weapons Ban (73 comments)

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  •  I'm not familar enough... (1+ / 0-)
    Recommended by:
    buddabelly

    ...with the NFA to understand what the origin of this

    Also remember to be legal a rifle or shotgun has to have a legitimate sporting purpose.
    is, but I wonder how that would stand up against a (TBD) Heller test. If a shotgun makes sense for home defense, and many believe it does, and we accept that it is an "arm" (it can be carried and operated by one person w/o assistance and is intended to be used exactly that way), that rule may fail to pass muster when tested.

    As far as limiting magazine size to factory original, presumably that would have to be coupled with a limit on what size a manufacturer could supply with a firearm of a particular design/caliber. Manufacturers would be happy to supply a firearm with an optional 100 round magazine if that was necessary to allow their customers to use the firearm with such a magazine.

    •  shotguns have sporting uses as well as home (1+ / 0-)
      Recommended by:
      rockhound

      defense, police and military uses.

      As do most rifles and hanguns though some of the former are only suited to sporting use as are some shotguns.....a 35 pound unlimited Bench Rest rifle is not good for much but sporting use, however, if you want groups under .20 inches they do the job admirably.... same for a compensated long slide 1911 race gun, sporting  yes, other? just too big and bulky to carry.... similar for a $50k Perrazi O/U shotgun, sporting yes other uses not so much........

      My personal opinion is Miller, the case many use to justify heavy control, also wipes out many of the NFA restrictions....As it was based on the lack of military utility of a sawed off shotgun, it seems to me that would ok firearms with military utility, like a 14 inch barrel trench gun or a select fire M-4...... However I think that has about as much chance of passing or holding as a complete ban on semi auto does.

      Maybe I misunderstood your comment?

      Vaya con Dios Don Alejo
      I want to die a slave to principles. Not to men.
      Emiliano Zapata

      by buddabelly on Sun Dec 30, 2012 at 04:45:10 PM PST

      [ Parent ]

      •  I agree with you on Miller. (1+ / 0-)
        Recommended by:
        buddabelly

        Miller was rather inconclusive (working from memory here, haven't read to opinion in a long time). It didn't even find that the shotgun was or was not a useful military weapon, it just indicated that since no evidence had been offered to support such a notion, Miller lost the case.

        If one takes that (paraphrased) comment as dictum and concludes that what was being said was that if Miller had shown that his firearm was similar enough to common military weapons, he would have prevailed. That's actually a very scary conclusion - although it is one that might have lead to amending the Constitution to eliminate or alter the Second Amendment which would have pleased some people.

        Oddly Heller found that the Second Amendment includes a right to self defense. If one combines Heller with the RBKA friendly interpretation of Miller, it seems about the only thing that goes boom and that you can carry that could be banned would be those that only had a sporting or hunting use.

        (And, based on your response, I think I misinterpreted your original comment a bit.)

    •  sorry, sporting purpose isnt part of the NFA, it (1+ / 0-)
      Recommended by:
      rockhound

      is a BATFE opinion that basically carries force of law until challenged in court....

      They would love to restrict it to just trap and skeet, completely ignoring the million or so who compete in other shotgun/any firearm really sports from the ones I mentioned to Cowboy Action/SASS to Silhouette to High Power, F class, basically whatever they can....

      I enjoy Silhouette myself and would shoot 3 Gun if I could still move around without too much pain.  Not into SASS as I dont feel like dressing in period garb though the new Wild Bunch class is kinda interesting, they use an early style, bone stock 1911 instead of a single action sixgun plus the Lever and Shotgun....However one of the absolute fastest and best shooters I have ever personally seen was a barefoot gal shooting SASS and just flat embarrassing her male competition....Lightning with a levergun and similar with both pistol and shotgun.

      Vaya con Dios Don Alejo
      I want to die a slave to principles. Not to men.
      Emiliano Zapata

      by buddabelly on Sun Dec 30, 2012 at 05:02:35 PM PST

      [ Parent ]

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