Gura responds to machine gunners
Remember, I do this to entertain me, not you.
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March 20th, 2008 at 1:12 pm
He is probably right. But if the word ‘machinegun’ is mentioned in the opinion of the Court, he’ll (fairly or not) be blamed for what is very likely to be a major setback to the full-auto cause. And he knows that, which is why he says it will have to be a (more vulnerable) political solution.
March 20th, 2008 at 5:34 pm
I don’t know. Machineguns had been brought up several times before by both of the other advocates. I don’t think he was wrong to bring it up. But I do think he could have weaseled around it better. I doubt that it will be included in an opinion, given the minimalist tack that Roberts seems to be aiming for.
I really wish I knew what was in the mind of the anti-machinegunners. After all, as the VPC points out, semi-autos are “even more deadly” than full autos, so what’s the big deal? They’re going to be really expensive anyway, and then the NFA tax will add even more to it. I would be happy with an eventual return to pre-’86 laws on machineguns. We have made pretty good progress with “assault weapons” which most of the public assumes are machineguns anyway. I don’t think that there’s going to be the mass pants-shitting that a lot of these guys assume would happen if machinegun rules were relaxed.
What I’m really curious about (and could actually come out in the Heller opinion) is to what extent the SC will discard Miller. Kennedy seemed anxious to do so. Miller did have one good bone for machinegunners, and that was the “is it used in the military?” test for whether a gun is allowable. If the court disowns Miller, it will be harder to make the strong pro-machinegun argument in the future.
Of course, if the SC does discard Miller, that’s practically asking to lift the semi-ban on short-barreled rifles and shotguns, about which I would like to say “It’s about damn time!”
March 20th, 2008 at 10:24 pm
I’m not so sure about that. Dumping Miller separates the Second Amendment from militia service…and, by extension, arms protected under the Second Amendment from military arms. It’s a way to rule for Heller without blasting the machinegun Pandora’s Box open.