Effect of Heller Decision on future AWBs

[eocoolj]

There are many people getting their panties in a bunch over the prospect of a new assault weapon ban if Obama were to be elected. Now, of course Bush already said he would sign a new ban if it reached his desk, and we've been living with a liberal congress for two years, so it seems to me that there isn't too much momentum behind passing another AWB at this point. The question is, even if there was momentum behind it, doesn't the recent Heller decision effectively prevent the passage of a new AWB? Are people getting worried over nothing?

[Erik]

doesn't the recent Heller decision effectively prevent the passage of a new AWB? Are people getting worried over nothing?

IANAL, but in my view it doesn't.
The Heller decision was about "Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns."
"Assault weapons" wasn't included, and I believe DC tried to interpret Heller as they had the right to decide which handguns was allowed, ie only revolvers.

Heller did affirm the 2nd as an individual right, but it didn't say anything about what type of arms people are allowed, just that they are allowed to have them. So a new AWB would arguably not be against Heller, at least not until that question has been up for decision in the SC.

[BobTheWitch]

I'll go further to say that the Heller decision specifically does not address many issues. It was really good case law, saying only what needed to be said, with a few noted exceptions, to deal with the case at hand.

[Aglifter]

Heller specifically allowed for things like the AWB, Machine gun ban, etc -- about the only saving grace would be that millions of EBRs have been sold since '92, but I wouldn't depend on Heller saving anything -- hell, the USCON's pretty consistently ignored these days...

[BobTheWitch]

Aglifter,

you can read it that way, and a lot of GFW's will try to. But that's not really what Scalia wrote.

He did not say, the constitution protects such restrictions. He said that this decision was not to be read to invalidate them. I say again, they went as far as they could with the court at hand. And anyone who thinks that politics didn't enter into this, and this wasn't a behind the scenes compromise, might be naive.

[308Mike]

Heller was a narrowly crafted decision with LOTS of background, and that background will provide further arguments in support of RKBA issues - but there was so much that wasn't addressed it'll have to wait for other cases to deal with those specific issues.

[Erik]

Heller was a narrowly crafted decision with LOTS of background, and that background will provide further arguments in support of RKBA issues

Exactly. For anyone who wants the legal history of the 2nd amendment, with case history, Heller is required reading. And it's actually not a difficult read, even for non lawyers, so there's no reason everyone shouldn't spend a little time reading it. If for nothing else but to be able to call BS on the antis argument that "Heller went against all previous interpretation of the 2nd". No it didn't, and it's obvious for anyone that actually read it.

[Dub_James]

Isn't the best counter to that to have gun owners buy more of the things?

A good cheap (and I mean actually cheap, not 200+ dollars kind of "cheap") AR style rifle would seem to be the wisest course of action.

Get heaps of 'em out there, then they can't deny "in common use"

[308Mike]

That's the same argument I make to encourage people to open carry. We NEED to get people used to seeing and being comfortable around people carrying (but not handling) firearms in public. If we can get that attitude back, and people realize its safe and provides immediate protection, things will start falling our way again.

Rights that aren't exercised get forgotten and infringed, even if it says not to do so.

[mekender]

wont happen... because for any AWB ban to get upheld in a federal court, heller would have to be incorporated...

even if an AWB is upheld, heller gets incorporated in the same case... that alone will keep it from coming up again.

now if heller gets incorporated before an AWB is attempted, that makes it even harder to get one passed.