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I acknowledge that it very well could be read that way, but Alan Gura (the attorney of record in DC v Heller) held in his argument (which was confirmed by SCOTUS) that it can't be circular reasoning -- e.g., you can't ban a weapon to take it out of common use, then argue that it is not in common use because of the ban to prevent it from being unbanned. That was, effectively the case in Heller, because DC had banned all handguns completely, making them clearly NOT in common use, which they felt allowed them to perpetuate their ban. DC's law was overturned on that logic. That said, how do you prevent the banning of every new type of gun/handgun/rifle/taser/whatever if the claim is that "Well, it's never been sold, so it's obviously not in common use, so it can't be bannable?" In reality, this isn't even really a gun at all, but a complicated aiming system. The gun it's attached to is the Surgeon equivalent of a Robot tuner on a Gibson guitar (which is why I brought it up elsewhere). According to the ATF, the lower receiver of a gun like this is the only part that is the 'gun'. What this means is that I can buy the lower receiver by itself, with no firing group, no barrel, no butt stock, etc., and that constitutes the sale of a firearm. As such, as it seems that all the tech for this thing is basically in the reticle (except for the trigger group, which is still not technically part of the gun), this is really just an accessory. |
People hold up the Bill of Rights as if the amendments were etched in stone by God.
Whether any given weapon should or shouldn't be legal depends on a lot of things, including the state of the country at any given time. The idea that the right to bear firearms (some arbitrary invention) belongs on the same document as eternally useful rights like the right of free speech is silly and was a huge mistake.