It’s not the anti-gun people, it’s guys like this:
The attorney for a Kingsburg[, CA] man charged with allegedly possessing 33 assault rifles, a grenade launcher and a silencer said Thursday that the Second Amendment gives him the right to collect guns.
Apparently some of those assault rifles were actual assault rifles. This is not going to end well folks, if this argument moves forward. I was always pretty pessimistic about saving the right to machine guns in court. I am now getting pessimistic we’ll ever get rid of bans on assault weapons. We really need a few more Supreme Court cases, and some changes on the federal courts, before we’re ready to start litigating on bans on narrow classes of firearms rather than bans on broad categories of firearms.
Had Obama not won, we could have gotten there much faster. But he won, and by historical precedent, he’s likely to win a second term. I think we might have to write off “assault weapons” as protected by the Second Amendment, at least by the courts. Certainly we’ll fight bans politically, and probably win, but that won’t help the half-dozen or so states who restrict narrow categories of firearms. Even Eugene Volokh doesn’t seem too optimistic about slipping that by the federal courts.
There are going to be too many guys like this out there taking cases too soon. If you think about the kind of logic allowing selective banning of classes of weapons requires, it blows a hole in the Second Amendment the size of a barn.