Monday, November 22, 2010

Random thought

If the possession of handguns is especially protected (see Helper language in re instruments of self defense); shouldn't it be as easy to acquire and possess a handgun as a longarm?
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8 comments:

  1. Yes.

    I forget who said it, but even after the Court acknowledged that the Second Amendment actually means what it says, it's still going to take a while to find out whether they'll treat it with a decent amount of respect (like the First) or largely ignore it in practice (like the Fourth).

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  2. Shrug. Short-term, being able to flash my FID to buy a handgun like I did for my rifle would be nice.

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  3. Ah, in Jersey specifically, you mean. I wouldn't be shocked to see the pistol permit system dismantled in the near-ish future, especially given that all its lawful government interests are redundant with the federally-mandated NICS check.

    Federal-level restrictions on handguns, though, (like the interstate purchase restriction) are probably generally benign enough that they'll stick around for a good long while, even if they wouldn't rightly pass strict scrutiny.

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  4. I actually expect the federal differences between pistols, SBx, and AOW to go away shortly; and once that happens we can look to normalized regulations between pistol and long arm.

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  5. Interesting. I think it's worth trying to overturn (judicially or legislatively) the short-barrel provisions in the NFA, but am nowhere near so confident it'll work. Care to go into more detail?

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  6. Plan to do so in a full post, but for now consider the following: the Ruger 10/22 versus the Ruger Charger, the existence of AR & AK "pistols", and the Thompson Contender. That should do in SBR. Then the Taurus Judge will finally get a point to its existence as exhibit A in why SBS is silly. AOW I leave as an exercise for the student.

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  7. I'm not saying we don't have a solid case (a case that could be made in one photo: "AR-15: LEGAL ; Ruger LCP: LEGAL ; Ruger MkII with a shoulder stock: FEDERAL FELONY").

    I'm just at a loss to predict whether the Court will find it's burdensome enough to overturn, or whether we can push NRA WANTS TO LEGALIZE SAWED OFF SHOTGUNS! through Congress.

    I just don't know how the political winds will blow on this one. I'm not pessimistic; this restriction is even dumber than the "assault weapons" ban, and we've won that argument pretty thoroughly.

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  8. Do it piecemeal. AOW first, then SBR, then SBS.

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Please keep it civil