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(16,038 posts)
21. No, the ban was making it's way to SCOTUS
Sat Dec 5, 2015, 12:35 PM
Dec 2015

this pre-dated Heller and McDonald so lower courts were ruling blind and politically and probably ruled to push cases to SCOTUS for precedent. The SCOTUS standard is very simple. If a weapon is "in common use for lawful purposes" it cannot be singled out and restricted...around 100 million in private hands with competitive shooting competitions every weekend from coast to coast satisfies that requirement.

Why do you suppose a Democratic Senate and Congress failed to renew the ban?

No, every term without exception in every law is unambiguously defined for the purposes of the law....there are few "common definitions" in law when it comes to terms as opposed to single words. There is no definition of "assault weapon" that isn't inclusive of common 1950's hunting rifles even if modern rifles were not already so prolific in society.

In 2004 there were cases getting close to SCOTUS which were going to set irreversible precedent. Those who supported the AWB did not renew the ban because of the almost certain loss. Which is also why GWShrub happily repeated that he would sign an assault weapons ban renewal and nary Washington repug objected to the newly elected president bush agreeing to sign the extension.

The reason Dems and gun control decided not to renew was to make another run at an AWB at a later date...maybe now...without prohibitive precedent could find a solution or at leaat another sunset law..

The issue remains exactly what we saw in CA just now. CA has the strongest assault weapons law in the US, yet the guns used in SB were CA legal. They are legal because a law which would make them illegal would also make illegal grandpa's 1940's hunting rifle...hundred millions....

"In common use for lawful purposes" is the standard set by SCOTUS as the line between guns which can be heavily restricted and those which are constitutionally protected.."sawn off shotgun" vs. Standard barrel shotgun USA v. Miller 1934 (iirc).

There was also the issue of restriction on enumerated civil rights must show demonstrable benefit to society and there were no supporting statistics for the 10 year ban indicating any impact on society good or bad.

Good for the NYT. Every newspaper in America needs to follow suit. LonePirate Dec 2015 #1
Thanks. Rachel just discussed this. elleng Dec 2015 #2
Hopefully we finally reached our tipping point. cui bono Dec 2015 #3
wow gristy Dec 2015 #4
Gun Enthusiasts houston16revival Dec 2015 #5
To listen to the ammosexuals a huge majority of the public supports them. Spitfire of ATJ Dec 2015 #6
Depends entirely on the question. jeff47 Dec 2015 #8
I'm for taking them away from guys who get a woody talking about them.... Spitfire of ATJ Dec 2015 #9
results Go Vols Dec 2015 #13
LOL!!! Spitfire of ATJ Dec 2015 #14
Time for Democratic Underground to get off Warren Stupidity Dec 2015 #7
A masterpiece of persuasive writing Politicub Dec 2015 #10
I would have gone further than they did frazzled Dec 2015 #15
Message auto-removed Name removed Dec 2015 #16
Virtually every thing you mentioned is asked and answered SCOTUS case law pipoman Dec 2015 #17
You're dead wrong frazzled Dec 2015 #20
No, the ban was making it's way to SCOTUS pipoman Dec 2015 #21
Thank you, NYT frazzled Dec 2015 #11
Waste of column inches. Aristus Dec 2015 #12
Why an editorial? Why not a fact based article? pipoman Dec 2015 #18
Good for the nytimes. Past time! riversedge Dec 2015 #19
Big K&R - it is time for civilized folks TBF Dec 2015 #22
What was the 1920 Editorial about? houston16revival Dec 2015 #23
According to the article the nomination of Harding to be President happyslug Dec 2015 #24
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