In 1994, there was considerable effort to try to make the federal assault weapons ban less impactful, which required a lot of compromises. But because of that we got a sunset provision, and nothing nearly as bad as what California has.
To what extent should we, using the Courts as a backstop, be more unyielding this time? Would we be better off with a more draconian ban under the theory the Courts may more easily reach its unconstitutionality? Personally, I think that’s very risky, because I don’t know if I believe the Courts would throw out such a ban, even one as broad and horrid as California’s. It’s a tough call. I’m not sure the Courts honestly buy us much right now on this issue.