What Part of ‘Arms’ Don’t They Understand?

DOJ Tells Court NJ’s AR-15 and Magazine Bans Violates Second Amendment [More]

As much as I point out administration failings, and I do because we have to know how to steer them to do better, I also have to applaud when they do good, and acknowledge no other president and DOJ in my lifetime have even come close to defending 2A like this.

That said, I fear “common use” can turn into a trap so I’m glad to see they also didn’t ignore the Militia aspect in their brief.

Running Out the Clock

US Court of Appeals for the Fourth Circuit has decided to hear en banc the Bianchi v. Brown MD “assault weapon” ban case and, thus, prevent a likely favor 2A ruling from being issued by the three-judge panel of that court. [Watch]

And as I’ve said, if the Republicans blow the elections and Dems manage to change SCOTUS, we’ll get to see which side is more serious.

The Devil in the Details

This technical change pushes “others” within the definition of “assault weapon” under Connecticut’s ban… While residents of other states are able to register these firearms with the ATF, or change the short barrels for longer ones to make them legal, the ATF has stated that it will not permit any such registrations from Connecticut residents due to Connecticut’s “assault weapon” ban. Nor will changing out the barrels avoid redesignation as banned “assault weapons” under Connecticut law. [More]

Damned if they did, damned if they didn’t.

Speaking of ‘Every Terrible Implement’…

Large-capacity magazines are not “arms” protected by the Second Amendment because they are not essential to the use of firearms… Additionally, large-capacity magazines are not protected “arms” because they are not commonly used for self-defense. [More]

Since that directly follows an “Overview of Bruen’s text-and-history standard for analyzing Second Amendment claims,” I wonder what Tench would say to that…?

Legal weasel Rob Bonta proves the point that if you limit arguments to “self-defense” and ignore core purpose, you’re not using every means at your disposal.

[Via Jess]

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