Let me also respond to your “in common use” argument. There is no “in common use” tradition. [More]
The Second Amendment does not say “the right of the people to keep and bear arms in common use at the time shall not be infringed.” If it had, the Anti-Federalists would have told the Framers to go to hell.
Dangerous and Unusual? It’s a lie and does not exist. [More]
Interesting reading that also links to “The Historical Tradition and Analogue Lie in Bruen“…
As for this charge, I’d need to see links, specifics and context. What citizen disarmament edicts has Mark W. Smith endorsed? My biggest disgreement with him — and other prominent 2A attorneys — so far has been when they say stuff like ATF doesn’t have the authority but Congress does. Huge deferring to stare decisis vs. “shall not be infringed” hole, that one, but even there that doesn’t mean he’d be for a ban, and for the most part I think he’s been among the best, especially with his insights into SCOTUS.
