bad call
Robert Levy says regular capacity magazine ban probably not unconstitutional. Robb is disappointed.
I tend to think this might be a more academic response and, yes, now I think such a law might stand in court. But that will change. Glad Boehner is in charge.
January 13th, 2011 at 1:02 pm
That nagging little voice in my head tells me though, that just because there won’t be law passed in Congress, some Czar in Obamaland will send out an order or reg and we’ll have to go to court to fight it. Wouldn’t be the first time this Administration has violated the Constitution.
January 13th, 2011 at 2:13 pm
What would be constitutional is that whatever gun laws are imposed on “the people” should also apply to government officials AND government agents according to “the equal protection of the laws” in the 14th Amendment. Such a provision would stop most all Federal gun laws….becasue the ruling elite class no longer properly views themselves as OUR EMPLOYEES and public SERVANTS!
January 13th, 2011 at 4:06 pm
I can’t see it standing unless there is a total left-field take on the “in common use” part of Heller.
Just look at all the double-stack guns in your local funshop.
10+ IS the normal capacity for handguns and rifles.
January 13th, 2011 at 6:25 pm
Right on, Weer’d Beard. That’s exactly what I’ve been telling people in other forums…”in common use”, which clearly almost every center fire handgun made for the past 25 years has had…a 10+ round magazine.
January 13th, 2011 at 6:42 pm
This just goes to show you that we’re always one election away from having this stuff imposed. If it weren’t for the past November, we’d have a lot more to be worried about.
January 13th, 2011 at 8:12 pm
Markie Marxist sez: “Of course it’s not unconstitutional! Sending people to prison for having 12-round magazines doesn’t infringe on their right to bear arms at all, except in a really sneaky, roundabout way. Then we’ll go for the six-round limit. After all, no one in those western movies needed more than a six-shooter! Then only one-round magazines, because of a horrible mass murder that involved a six-round magazine. After all, no honest man needs more than 1 round in any gun – Bill Ruger said so himself.”
January 13th, 2011 at 10:53 pm
According to the objective wording in Article I, Section 8:15-16, the Preamble to the Bill of Rights, the 2nd Amendment and the 10th Amendment, the Federal Government has NO “delegated powers” to enforce any restrictive guns laws on the people. It only has governing power over those who are “called into service and EMPLOYED” by the Federal Government.