Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

benEzra

(12,148 posts)
20. That ruling was a mess.
Tue Nov 10, 2015, 11:20 PM
Nov 2015

That decision not only ignored the "in common use for lawful purposes" test in D.C. v. Heller, but it also ignored the fact that intermediate scrutiny (itself a cop-out, given that the standard for the Bill of Rights is usually strict scrutiny) requires less restrictive alternatives to be considered; the court did not even pretend to do so, just nodded their heads in ignorance and accepted the anti-protruding-handgrip talking points as gospel. Not to mention the sophistry of calling an 11-round rifle magazine "high capacity" without considering that the very first repeating rifles to go mainstream in the 1860s held 15 in the magazine and 1 in the chamber; that's like calling an 11th-week abortion "late term" and thereby justifying a ban on same under Roe v. Wade. And then the silliness of declaring that one of the most popular and least misused civilian guns in U.S. homes, and the #1 target rifle in America, is not "in common use for lawful purposes" but is "dangerous and unusual" even though it's less powerful than most alternatives. Sigh...

Second-Class Intermediate Scrutiny
Contradictions with Heller and McDonald rulings

I suppose NY rifle owners can take solace in the fact that most counties have declared they won't enforce it, most of the state is in open defiance of it, the law wrecked Cuomo's shot at running for President, and you can still legally buy a new AR in NY, albeit an ugly one. The law made a certain Wall Street oligarch happy, though, and that's what's really important.

Recommendations

0 members have recommended this reply (displayed in chronological order):

K&R n/t discntnt_irny_srcsm Nov 2015 #1
Stop spreading NRA Lies.. virginia mountainman Nov 2015 #2
Did Wisconsin decide they have too many democrats in office Travis_0004 Nov 2015 #3
+1 n/t Bonhomme Richard Nov 2015 #10
But...but...but...Nobody wants to take anyones guns... beevul Nov 2015 #4
Waiting for the right cartoon? DonP Nov 2015 #5
Think about the hatefulness and contempt expressed towards gun owners in this bill. Kang Colby Nov 2015 #6
Don't worry folks, the usual suspects will be along shortly... beevul Nov 2015 #7
Does this idiot realize how fast the courts would strike this down? GGJohn Nov 2015 #8
Don't be so sure. Straw Man Nov 2015 #11
Oh, I'm fairly confident the courts would strike this down toot sweet. GGJohn Nov 2015 #12
Check again. Straw Man Nov 2015 #13
Hmmm, hadn't seen that. GGJohn Nov 2015 #14
This would outlaw an antique Mauser C96 JustABozoOnThisBus Nov 2015 #18
Courts, at least one in NY, are using the Heller decisions to UPHOLD jmg257 Nov 2015 #17
That ruling was a mess. benEzra Nov 2015 #20
Can stupid politicians... discntnt_irny_srcsm Nov 2015 #9
But, but, but, there is sophisticated mathematical analysis that shows different OakCliffDem Nov 2015 #15
Who did bloomie pay to get this bill proposed? ileus Nov 2015 #16
Of 158 murders in Wisconsin in 2014, fewer than 10 involved *any* kind of rifle. benEzra Nov 2015 #19
'Reasonable common sense' dontcha know. beevul Nov 2015 #21
Latest Discussions»Issue Forums»Gun Control & RKBA»Assault Weapons Ban propo...»Reply #20