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http://www.wnd.com/2015/12/federal-machine-gun-ban-under-legal-challenge/
“Heller said no such thing,” the brief explains. “Rather, Heller confirmed that the Second Amendment secures a right of the people to possess the arms necessary for self-defense and a citizens militia in defense against tyranny.”
Another case that was cited, Marzzaarella, also claimed that an even earlier case, Miller, “held that short-barreled shotguns are unprotected.”
But, the brief explains, the Miller case said the court had no evidence in its possession to comment on the Second Amendment’s applicability regarding such a weapon.
“There is a vast difference between not being able to say that something is so, and saying that something is not so,” the brief points out.
Further, the U.S. Supreme Court has not said that machine guns are outside the scope of the Second Amendment.
Neither of the two significant rulings on the issue said “that ‘ordinary military equipment’ like an M16 is not protected by the Second Amendment,” the brief said.
“Rather, a fair reading of Heller would support the proposition that such ordinary military equipment is protected and, further, that it is not the only type of arm that is protected. Indeed, Heller notes that in the founding era, the same weapons were used for militia service in defense of the ‘free state,’ for private self-defense, and even for hunting, and other purposes.”
It continued, “Heller explained that the Second Amendment protects more than ordinary military equipment, and it is a ‘startling reading’ of Heller to twist the passage to support the opposite proposition, as the district court does.”
In fact, the Supreme Court in Heller said, “We do not undertake an exhaustive historial analysis today of the full scope of the Second Amendment.”
The result?
“Under Heller, all bearable arms (like the M-16) are ‘prima facie’ protected,” the brief said.
Obama repeatedly has called for more and more gun restrictions. After the Sandy Hook massacre at a grade school by a crazed gunman, a plan of restrictions and limits was introduced in Congress. It failed.
“Heller said no such thing,” the brief explains. “Rather, Heller confirmed that the Second Amendment secures a right of the people to possess the arms necessary for self-defense and a citizens militia in defense against tyranny.”
Another case that was cited, Marzzaarella, also claimed that an even earlier case, Miller, “held that short-barreled shotguns are unprotected.”
But, the brief explains, the Miller case said the court had no evidence in its possession to comment on the Second Amendment’s applicability regarding such a weapon.
“There is a vast difference between not being able to say that something is so, and saying that something is not so,” the brief points out.
Further, the U.S. Supreme Court has not said that machine guns are outside the scope of the Second Amendment.
Neither of the two significant rulings on the issue said “that ‘ordinary military equipment’ like an M16 is not protected by the Second Amendment,” the brief said.
“Rather, a fair reading of Heller would support the proposition that such ordinary military equipment is protected and, further, that it is not the only type of arm that is protected. Indeed, Heller notes that in the founding era, the same weapons were used for militia service in defense of the ‘free state,’ for private self-defense, and even for hunting, and other purposes.”
It continued, “Heller explained that the Second Amendment protects more than ordinary military equipment, and it is a ‘startling reading’ of Heller to twist the passage to support the opposite proposition, as the district court does.”
In fact, the Supreme Court in Heller said, “We do not undertake an exhaustive historial analysis today of the full scope of the Second Amendment.”
The result?
“Under Heller, all bearable arms (like the M-16) are ‘prima facie’ protected,” the brief said.
Obama repeatedly has called for more and more gun restrictions. After the Sandy Hook massacre at a grade school by a crazed gunman, a plan of restrictions and limits was introduced in Congress. It failed.
