AW Ban, Constitutional? WHat about last time


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Steel185
January 21, 2013, 10:03 AM
I've been reading trying to keep up with everything going on this time around. I don't think any of the proposed legislation Fed or State will change anything for stopping crime or increasing safety. I was wondering if a weapons ban is in fact un-constitutional, why wasn't it challenged last time? Maybe it was but I can't find anything about it. Just wondering on the history and the grounds it would/or did cover. I was wondering if we are fooling ourselves thinking it won't go through because it is unconstitutional, but it went through last time. What has changed?

I'm not ranting, I'd really like an answer if anyone has one.
Thanks

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MtnCreek
January 21, 2013, 10:09 AM
I was wondering if a weapons ban is in fact un-constitutional

I say it is.

why wasn't it challenged last time?

Different court. The court suffered from what must have been a 'don't ask, don't tell' approach to picking judges. GWB changed that.

Sam1911
January 21, 2013, 10:13 AM
I was wondering if we are fooling ourselves thinking it won't go through because it is unconstitutional, but it went through last time. What has changed?It won't go through, not because it is unConstitutional, but because it is wildy unpopular among a very motivated group of activists and voters, and a substantial block of House members who listen to them.

The previous AWB was never ruled unConstitutional, but was seen as a "reasonable regulation" at the time. Of course, having it sunset in 10 years sort of precluded it from being hit with a serious Constitutional challenge because of how long such things take to work through the courts.

gunsandreligion
January 21, 2013, 10:56 AM
Maybe the demographic of everybody I know is skewed, but if its not Id say about 65-70% of people would be against a awb.

Mike OTDP
January 21, 2013, 11:03 AM
IIRC, Sick Willie's Pork Plan and Gun Ban never went to SCOTUS. This time? I expect something will be going up the Federal court ladder.

Except we have the Heller decision to use in our favor. The Left really hasn't figured this out yet.

Tommygunn
January 21, 2013, 11:03 AM
Of course, having it sunset in 10 years sort of precluded it from being hit with a serious Constitutional challenge because of how long such things take to work through the courts.

↑↑↑↑
This.
I think everyone knew that if they waited 10 years it could go away (and it did) so no one wanted to make the effort to get it all the way up to SCOTUS.
Plus there would have been the risk of an adverse decision -- like what Roberts did via Obamacare.

Steel185
January 21, 2013, 11:36 AM
I just wasn't sure the situation last time, and why it wasn't challenged.

kludge
January 21, 2013, 11:43 AM
We have something now we didn't have in 1994. Heller. The 2nd Amendment is an individual right, not tied any militia service, and it is now incorporated against the states. It also specifically calls out that firearms in "common use" are protected. What, pray tell, are more common that AR-15 rifles? Also Miller says that arms that are useful to the militia are protected. The president himself is calling these rifles "military syle" weapons, affirming the fact that they are indeed a protected class of arms.

Clean97GTI
January 21, 2013, 12:17 PM
We have something now we didn't have in 1994. Heller. The 2nd Amendment is an individual right, not tied any militia service, and it is now incorporated against the states. It also specifically calls out that firearms in "common use" are protected. What, pray tell, are more common that AR-15 rifles? Also Miller says that arms that are useful to the militia are protected. The president himself is calling these rifles "military syle" weapons, affirming the fact that they are indeed a protected class of arms.I fear the same type of disingenuous reasoning most people use when trying to ban things. You aren't being prevented from owning X, we are simply not offering them for sale.

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