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Gun Control & RKBA
In reply to the discussion: The loophole in the Mass. assault weapons ban [View all]discntnt_irny_srcsm
(18,602 posts)13. The failure
"But gun manufacturers have taken it upon themselves to define what a copy or duplicate weapon is."
Lacking specifics to the contrary, the terms "copy" and "duplicate" mean exactly what they say. That is, the form, fit and function of a device which matches exactly those named items in the law. I find it reprehensible that a attorney in a position of public trust decides that American companies, operating to as businesses often do, TO MAKE A PROFIT, are somehow breaking the law.
The AR-15 is about the most popular rifle in the US today. I quote directly from Wikipedia:
"On July 20th, 2016 Healey announced an unconstitutional directive, effective immediately, that would ban the sale or transfer of virtually every semi-automatic rifle inside the Commonwealth of Massachusetts. This was done with no vote, deliberation, passage of law, nor due process be re-interpreting an existing law which has been on the books for over 18 years."
https://en.wikipedia.org/wiki/Maura_Healey
While I applaud a number of her accomplishments, this action is tyrannical and without any excuse.
There are canons for statutory interpretation. From Wikipedia: https://en.wikipedia.org/wiki/Statutory_interpretation
Expressio unius est exclusio alterius ("the express mention of one thing excludes all others"
Items not on the list are impliedly assumed not to be covered by the statute or a contract term. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes" or "such as."
In determining the legal meaning of 'assault weapon' the list of attributes written in the law are those required. If certain particular models of an item are to be restricted by name then those names are operative as the list. The legislature could/can (as has been done elsewhere) identify specific models by specific manufactures and also list functional and form attributes to provide a clear and deterministic idea of any and all items to be covered by the restriction. Barring the legislature writing into the law a phrase such as: "Whatever Ms. Healey thinks is materially similar enough to what we defined as an assault weapon is also banned." this proclamation is just a posturing pile of dung.Edit history
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Their laws might be idiotic and have holes in them, but their AG is great for trying to fix them!
scscholar
Jul 2016
#26
er, what you just said is the exact opposite of what the AG said. Try to keep up.
Schema Thing
Jul 2016
#8
The piece was written by the AG and published through the Globe (and elsewhere, I presume).
Nuclear Unicorn
Jul 2016
#11
Yup, the 1994 Federal AWB did *not* ban AR and AK variants that passed the features test.
benEzra
Jul 2016
#28
It is a shame that 'knowing what one is doing" isn't a political criteria
discntnt_irny_srcsm
Jul 2016
#38
I don't know why but discussions of legal concepts always fascinates me.
Nuclear Unicorn
Jul 2016
#14
I'm grateful that that is so and quite sorry so few pro-control folks share your fascination
discntnt_irny_srcsm
Jul 2016
#18
I know after reading NY's 1st ban way back when, I was quite surprised so many "copies"
jmg257
Jul 2016
#23