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Several recent lower court decisions have used the phrase “weapons that are most useful in military service” as a basis for ignoring the “in common use for lawful purposes” protection from Heller, etc. and upholding bans on AR-15s. It’s a technicality that conflates “like the M-16” with “[looks] like the M-16”, although AR-15s lack the selective fire capability of every single issue rifle of the world’s major armed forces. Those in the majority feel that using such a technicality is acceptable.
There’s a military axiom that “Amateurs talk strategy. Professionals talk logistics.” Given that, it could be claimed that only a subset of “assault weapons” are “most useful in military service”, those that are actually chambered in a caliber supported by the military. Without ammo that actually can be safely fired in a weapon, the weapon is no more than a paperweight, and that introducing a plethora of new calibers willy-nilly into a military force would complicate logistics and actually be detrimental to the combat effectiveness of the unit.
Given that, it could be claimed that “assault weapons” chambered in anything other than 5.56mm NATO, 7.62 NATO and .50 BMG are not “most useful in military service” and therefore not subject to banning based on that definition. It’s not without precedence – many European countries ban firearms that are chambered in military calibers but not the exact same firearm chambered in a non-military caliber, ie, 9mm x 19 vs 9mm x 21, where the latter cartridge was developed to allow sport shooters to use a 9mm pistol without running afoul of the law.
Thus AR-15s in .223, 6mmx45, 6mm BR, 6.5 Grendel, 6.5 Creedmoor, .300 Blackout, etc, would be perfectly legal to own, as they are not “most useful in military service.
There’s a military axiom that “Amateurs talk strategy. Professionals talk logistics.” Given that, it could be claimed that only a subset of “assault weapons” are “most useful in military service”, those that are actually chambered in a caliber supported by the military. Without ammo that actually can be safely fired in a weapon, the weapon is no more than a paperweight, and that introducing a plethora of new calibers willy-nilly into a military force would complicate logistics and actually be detrimental to the combat effectiveness of the unit.
Given that, it could be claimed that “assault weapons” chambered in anything other than 5.56mm NATO, 7.62 NATO and .50 BMG are not “most useful in military service” and therefore not subject to banning based on that definition. It’s not without precedence – many European countries ban firearms that are chambered in military calibers but not the exact same firearm chambered in a non-military caliber, ie, 9mm x 19 vs 9mm x 21, where the latter cartridge was developed to allow sport shooters to use a 9mm pistol without running afoul of the law.
Thus AR-15s in .223, 6mmx45, 6mm BR, 6.5 Grendel, 6.5 Creedmoor, .300 Blackout, etc, would be perfectly legal to own, as they are not “most useful in military service.