Reply To: Common Sense Gun Policies

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mentsch1
Participant

Redleg
The following is from Wikipedia on the 1994 federal assault rifle ban
The law was also challenged under the Equal Protection Clause. It was argued that it banned some semi-automatic weapons that were functional equivalents of exempted semi-automatic weapons and that to do so based upon a mix of other characteristics served no legitimate governmental interest. The reviewing court held that it was “entirely rational for Congress … to choose to ban those weapons commonly used for criminal purposes and to exempt those weapons commonly used for recreational purposes”.[23]:10[27] It also found that each characteristic served to make the weapon “potentially more dangerous”, and were not “commonly used on weapons designed solely for hunting”.[23]:10–11[28]

Note
The lower courts didn’t use Miller
They also accepted the features idea of being inherently more dangerous
They also accepted that the second amendment is somehow interpreted to apply to hunting
I will grant you that the features and hunting points are ludicrous, there is no way to interpret the second amendment as regarding hunting and in all likelihood these were liberal lower courts
The ban never reached the Supreme Court and ever since then we have the Heller decision