On Jun 4, 2009, at 8:16 AM, Raymond Kessler wrote:
Further, Heller seems to be limited to "weapons in common
use." .50 cal. Rifles are not in common use.
I wonder why I don't see more discussion of the elephant in this
particular room -- viz., Miller requires "common use" to protect a
type of firearm, but many firearms not in "common use" are rare
precisely due to pre-Miller laws that are at variance with the
underlying logic of Miller. Seems to me that a ruling that "we will
protect your right to own popular guns" isn't much different from a
ruling that "we will protect your right to utter popular speech."
--
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