- Jul 25, 2014
- Reaction score
- Los Angeles area
- Political Leaning
Do you believe there's a misunderstanding in our country of the amendment?
I don't know of any survey that has tested how well people understand what the Supreme Court said in D.C. v. Heller, which was the first case in which the Court had ever fully construed the Second Amendment.
In the 1930s we passed a national firearms act on weapons to keep them out of the hands of citizens. They did this by creating a tax that was so high that citizens could not afford the weapons. Why did we not just bar them at the time?
I don't agree that the purpose of that act was to keep "weapons" in general out of the hands of citizens. In any event, Miller, the Supreme Court decision that upheld part of that act as to sawed-off shotguns, does not stand for very much today. The Court in Heller gave Miller a very narrow reading. Any law, then or now, that banned all weapons would be plainly unconstitutional.
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