Scarborough: Why is Ted Cruz ignoring the Heller decision in his Second Amendment arguments?

posted at 2:41 pm on March 15, 2013 by Allahpundit

Via Mediaite. If all you watched of yesterday’s Judiciary Committee hearing was the viral-video Cruz/Feinstein exchange, you might think Cruz had never heard of Heller. Didn’t Scalia specifically say in the majority opinion that some types of weapons could still be banned under the Second Amendment? And didn’t Cruz strongly imply the opposite in his question to Feinstein, suggesting that Congress can’t pick and choose certain types of weapons to ban? Why, clearly, Harvard Law grad Ted Cruz is willfully deceiving the public into thinking the Second Amendment is more absolute than the Supreme Court says it is. He’s acting like Heller never happened!

Like I say, that’s what you might think if you watched Cruz-versus-Feinstein and nothing more. If you watched the rest of the Judiciary Committee hearing, you know better. See, for example, the second clip below, from the very same hearing, in which Cruz specifically addresses the Heller case and the claim from gun-control advocates like Scarborough that Feinstein’s assault-weapons ban is okay under the Court’s reasoning. He’s not trying to mislead anyone about what the Court said. He’s arguing within the parameters of Heller itself. Here’s the relevant passage from Scalia’s majority opinion (citations omitted):

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose… For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues… Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment , nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.”… We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment ’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.

The question for the Court if a new assault-weapons ban ever passes will be whether, say, an AR-15 is a “dangerous and unusual weapon” that’s not “in common use.” That’s precisely the question Cruz is anticipating and answering in the second clip below. No, the AR-15 is not “unusual”; it’s one of many, many, many models of semiautomatic rifles out there, albeit a bit more customizable than most. No, it’s not especially “dangerous.” If you’re worried about mass shootings, you have at least as much to fear from a lunatic wielding a light, easily concealed standard semiautomatic pistol than someone lugging around an AR-15. Yes, it’s “in common use.” Boy, is it ever. Anything can happen if/when the Court takes this question up, especially if Obama gets to replace one of the conservative justices with a liberal, but it’s easy to imagine the assault-weapons ban failing on Heller’s own terms. You don’t have a right to own a bazooka (dangerous! unusual! not in common use!), but the most popular semiautomatic rifle in America?

As an antidote to Scarborough, read Jay Nordlinger’s short but trenchant post at the Corner about Feinstein’s approach to the constitutionality of laws. Why should Congress restrain itself? That’s what Supreme Courts are for, right?



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Unfortunately for Scarborough there is no antidote for stupid.

besser tot als rot on March 15, 2013 at 2:45 PM

Still, there ARE plenty of court decisions that were/are antithetical to the spirit of the constitution, and it’s something we have to live with.

I’m not a lawyer but my impression is that precedent already allows government to do whatever it wants. there will not be a free society within these borders until certain precedent is overturned.

Commerce Clause!

hisfrogness on March 15, 2013 at 2:48 PM

What is the basis for Scarborough’s “expertise” on the Constitution? He was a member of Congress? So’s Pelosi and she’s as dumb as a rock.

Thanks, Joey, but I’ll stick with Ted Cruz’s Constitutional scholarship over your b.s. any day.

totherightofthem on March 15, 2013 at 2:48 PM

Unfortunately for Scarborough there is no antidote for stupid.

besser tot als rot on March 15, 2013 at 2:45 PM

Amen to that.

CantCureStupid on March 15, 2013 at 2:50 PM

Unfortunately for Scarborough there is no antidote for stupid.

besser tot als rot on March 15, 2013 at 2:45 PM

HA!

Some Truths are universal…

workingclass artist on March 15, 2013 at 2:50 PM

So, Joe wasn’t aware that made arguments before the Supreme Court in the Heller case, and that his arguments won? Silly, silly morning Joe

HarryBackside on March 15, 2013 at 2:51 PM

The issue is … what arms are necessary to the security of a free State?

If the People are outgunned by an oppressive State, then they are incapable of maintaining the security of a free State – which is precisely the point of the Second Amendment.

OhEssYouCowboys on March 15, 2013 at 2:51 PM

especially if Obama gets to replace one of the conservative justices with a liberal,

Bite your tongue. I pray they stay healthy.

ButterflyDragon on March 15, 2013 at 2:51 PM

Lock and load.

Lizzy on March 15, 2013 at 2:52 PM

The whole purpose of the Second Amendment was to make We The People able to stand up to and defeat any standing army, foreign or domestic.

VorDaj on March 15, 2013 at 2:52 PM

At some point you have to go on these shows and confront the critics directly, distateful as that might be.

Breitbart was never afraid to go into the belly of the beast.

Cruz should challenge Scarborough to a debate.

commodore on March 15, 2013 at 2:52 PM

Hmmmm…

In the landmark case of District of Columbia v. Heller, Cruz drafted the amicus brief signed by attorney generals of 31 states, which said that the D.C. handgun ban should be struck down. Cruz also presented oral argument for the amici states in the companion case to Heller before the United States Court of Appeals for the District of Columbia Circuit.

But Cruz has no idea what he’s talking about. Silly Morning Joe

HarryBackside on March 15, 2013 at 2:53 PM

There’s a reason that Scarborough is on MSNBC.

OhEssYouCowboys on March 15, 2013 at 2:53 PM

It’s the damn careerist federal government, including it’s various standing armies, like the DHS, that need to be disarmed, not We The People.

VorDaj on March 15, 2013 at 2:55 PM

So, when is Morning Joe inviting Cruz to be a guest on the show, and defend his position?

HarryBackside on March 15, 2013 at 2:55 PM

Unfortunately for Scarborough there is no antidote for stupid.

besser tot als rot on March 15, 2013 at 2:45 PM

But given his co-host, regular guests, and network; I think we can safely assume that stupidity is contagious.

Happy Nomad on March 15, 2013 at 2:55 PM

The dummy opens his mouth…and the fool is exposed, again, and again, and again…

Schadenfreude on March 15, 2013 at 2:55 PM

I just watched the cruz piece…skipping over the lefty entertainment provided by joe.

joe is just interested in headlines and hearing himself talk…no real thought or homework needs to be done…sweet job if you can get it. Same thing with the View. Just a bunch of illinformed people sitting around sharing their ill-informed, illogical, emotional, fuzzy leftiest ‘I Care’ chatter

r keller on March 15, 2013 at 2:56 PM

The hag is not “a 6 years old”. She’s really 3.

Feinstein, the sow, is a crook, with her husband, over and over. Read. There’s lots about it on the net.

Schadenfreude on March 15, 2013 at 2:56 PM

Diane is so decrepit that she couldn’t even answer Cruz. She had to have talking points and Schumer/Turbin speaking out of order to help her ’cause’.

Then she went on the Vivtimhoodtrain, on which she may ride to Hell.

Schadenfreude on March 15, 2013 at 2:58 PM

At some point you have to go on these shows and confront the critics directly, distateful as that might be.

Breitbart was never afraid to go into the belly of the beast.

Cruz should challenge Scarborough to a debate.

commodore on March 15, 2013 at 2:52 PM

I disagree. There is nothing to be gained by going on these shows. The questions are always loaded and the agenda is clear. Focus on other ways of getting the message out and leave the liberal echo chambers scrambling to find something new to say.

Happy Nomad on March 15, 2013 at 2:58 PM

Victimhoodtrain

Schadenfreude on March 15, 2013 at 2:58 PM

Confirmation that Scarborough bases opinions fed to him through 30 second soundbites.

portlandon on March 15, 2013 at 2:58 PM

WOW are they going after Cruz or what? You can tell when someone gets under the d’s/rino’s skin, they slam you every which way but loose?

Wonder if mccain has made a nasty comment about Cruz yet?
L

letget on March 15, 2013 at 2:58 PM

BTW, nobody seems to have noticed that Frankenfienstien eventually answered Cruz’s question if her bill was consistent with the Bill of Rights.

Her answer? “No”

BobMbx on March 15, 2013 at 3:00 PM

His number of viewers is staggering…. what a waste of human protoplasm.

ultracon on March 15, 2013 at 3:00 PM

Scarborough does this “demonize the republican brand” act every Friday as it makes him popular at the cocktail partys in Manhattan for the weekend.

Additionally, he gets his news from his MSNBC mothership- which means he never sees anything in context- only ediitted to make the conservatives look out of touch.

Bensonofben on March 15, 2013 at 3:00 PM

WOW are they going after Cruz or what? You can tell when someone gets under the d’s/rino’s skin, they slam you every which way but loose?

Wonder if mccain has made a nasty comment about Cruz yet?
L

letget on March 15, 2013 at 2:58 PM

EGGSACTLY.

When you’ve kicked them in the testicles, they roll up their sleeves against you, and it’s no-holds-barred.

Cruz should be ecstatic with these attacks against him.

OhEssYouCowboys on March 15, 2013 at 3:01 PM

Of some note:

Is it possible to get Obama’s ego puffed up enough he would go one on one with Cruz on this 2nd amendment issue or any issue.

If we could just get him off his rocker crazy rabbit mad as a hatter it could just sell out all the popcorn in the U.S.A. if we could get it done.

Dream on.

Best bet Cruz will never be in the same building as Obama.

Reason, logic,knowledge and integrity near Obama, not going to happen on this earth.

When the great sprit welcomes ,, well there may be a short debate.

APACHEWHOKNOWS on March 15, 2013 at 3:04 PM

Commerce Clause!

hisfrogness on March 15, 2013 at 2:48 PM

Between the Commerce Clause and the General Welfare Clause, the Constitution has been ripped open and snapped inside out. What began as a document to anchor society in a timeless set of principles, based on a republic with a narrowly limited central government, has been savaged into a charter for unlimited expansion at the very level least responsive to the people.
Tragically, Franklin’s aphorism has been answered: No, I’m sorry but we couldn’t keep it. Thanks for the effort but the republic you labored so hard for, and sacrificed so much for, is gone. What we are building on its ashes is a democracy along the lines of the French Revolution, not the republic left to us by the American Revolution.
What began with George Washington, is rapidly deteriorating to a modern version of Benito Mussolini or Hugo Chavez.

Lew on March 15, 2013 at 3:05 PM

But Cruz has no idea what he’s talking about. Silly Morning Joe

HarryBackside on March 15, 2013 at 2:53 PM

“Rope-a-dope”. Having watched Cruz work, he is setting these people up for a whoopin’. He has done it before.

cozmo on March 15, 2013 at 3:06 PM

Cruz should challenge Scarborough to a debate.

commodore on March 15, 2013 at 2:52 PM

Cruz is an imminently qualified and brilliant individual. He should not lower himself to the level of JS.

stvnscott on March 15, 2013 at 3:06 PM

Is the US Senate not the place to debate issues..? or was this more about DiFi’s feelings..?

d1carter on March 15, 2013 at 3:07 PM

Cruz nailed it when he exposed Feinstein’s dereliction of her sworn oath.

Congress is not supposed to intentionally pass laws they know are unconstitutional.

workingclass artist on March 15, 2013 at 3:07 PM

Cruz led them right where he wanted to, then blew up the argument again. Feinstein et. al. didn’t see it coming, and genius Scarborough with the benefit after commenting after the fact, still didn’t see it.

Cruz – 2; Gun-grabbers – 0.

right of the dial on March 15, 2013 at 3:09 PM

An anecdote from 50 years ago applies as a parable here — Back in the early 1960s the good folk from General Foods contracted with Cascade Productions to do a new series of Kool Aid commercials featuring Bugs Bunny. But first, they wanted to make sure that the company’s director, Tex Avery, knew how to draw Bugs Bunny.

In 1940, Tex Avery created Bugs Bunny.

Which he let them know in no uncertain terms. So much for not doing your homework.

Same situation here — When Joe Scarborough was on his rant this morning arguing that Ted Cruz didn’t understand ‘Heller’, did Joe not realize Ted Cruz argued the winning side on ‘Heller’ before the U.S. Supreme Court? You’d think before you go on a rant like that you’d do a little homework, but Scarborough probably cares less about accuracy than in remaining in good terms with the execs at MSNBC by attacking the people they and their viewers hate the most. And Ted Cruz — especially with his inoculation from having the race card played on his — defiantly has moved to the top of the left’s Emmanuel Goldstein list for 2013.

jon1979 on March 15, 2013 at 3:09 PM

The fact remains that those who would vote for dictators outnumber us.

Them’s the facts, y’all.

OhEssYouCowboys on March 15, 2013 at 3:10 PM

“Er” Yougo Obama?”

“did someone call me Hugo Obama???”

APACHEWHOKNOWS on March 15, 2013 at 3:12 PM

Who wants to bet that when someone brings to Scarborough’s attention that Cruz did, in fact, discuss Heller and its implications to this bill that Scarborough (1) doubles down on stupid rather than (2) admit that he shot off his mouth without having all of the facts?

besser tot als rot on March 15, 2013 at 3:13 PM

It’s bad enough that the lefties, libs, and Dems routinely lie and deliberately mislead. Now people like Scarborough who claim not to be a part of that group are doing it.

Or maybe Scarborough is just ignorant and pandering to his MSNBC audience. Playing his designated role as the “reasonable” conservative there to criticize “unreasonable” conservatives on a left wing propaganda network. It is how he makes his pieces of silver after all. That is, if he really is what he claims to be.

farsighted on March 15, 2013 at 3:14 PM

Lies made the commie Democrats what they are, Lies now show U.S. all what the commie Democrats are. Soon lies will undo all that the commie Democrats are.

APACHEWHOKNOWS on March 15, 2013 at 3:16 PM

failed congressman + lousy commentator = Scarborough

maintenanceman on March 15, 2013 at 3:19 PM

http://www.wattsupwiththat.com

Little ants busy down in the ant bed of climate gate e-mails reading, sorting, knowing, making ready,,,comes the terminator of lies.

Truth.

APACHEWHOKNOWS on March 15, 2013 at 3:19 PM

When Joe Scarborough was on his rant this morning arguing that Ted Cruz didn’t understand ‘Heller’, did Joe not realize Ted Cruz argued the winning side on ‘Heller’ before the U.S. Supreme Court?

jon1979 on March 15, 2013 at 3:09 PM

BWAHAHAHAHA!

Scarborough, you are a fool.

farsighted on March 15, 2013 at 3:19 PM

When Joe Scarborough was on his rant this morning arguing that Ted Cruz didn’t understand ‘Heller’, did Joe not realize Ted Cruz argued the winning side on ‘Heller’ before the U.S. Supreme Court?

jon1979 on March 15, 2013 at 3:09 PM

I’d forgotten that … This is so embarrassing for Scarborough that I’m tempted to feel sorry for him … Nah.

besser tot als rot on March 15, 2013 at 3:21 PM

All I Can say is, thank God my favorite deer rounds have nothing to do with the modern military.

WryTrvllr on March 15, 2013 at 3:21 PM

Cruz Missile; Rand Paul. Interesting to see who has the Regressives and Lefties waking up in cold sweats at night. Looks like Feinstein’s still crying to anyone who’ll lend an ear to her tragic plight of being grilled during the senate hearing. Silly woman. Funny how women like Bachmann and Palin take shot after shot and keep on smiling, while women like this wither and crumble under anything less than deferential treatment. Ironic.

Remind me who won the argument again? Certainly not the aggrieved party.

RepubChica on March 15, 2013 at 3:26 PM

This is palinization all over again.

-Nevermind he is Ivy school graduate,

-Nevermind he was solictor general in Texas, n

-Nevermind he argued the winning side of a Supreme Course case.

He’s stupid. He doesn’t know his facts. What a goofball for referencing the Bill of Rights.

WisRich on March 15, 2013 at 3:37 PM

WisRich: Why should liberals not palinize anyone they please? It’s proven as a winning tactic. :p

Scott H on March 15, 2013 at 3:40 PM

Ted Cruz is a Constitutional expert in law and history. We call that substance.

Joe Scarborough is a TV circus clown who juggles his bowling pins for the 10 liberals watching his show.

The problem in educating our country lies with fools and sophists like Joe. His opinions are meaningless because they are not grounded in anything but superficial knowledge and incoherent contra-factual opinions. Then they are seconded by that empty headed parrot sitting across the table.

If that is all a person watches each day, they will probably be dribbling oatmeal down their chin and playing a trombone for quarters outside the local mall in a few years.

Marcus Traianus on March 15, 2013 at 3:42 PM

The President refuses to follow the constitution.
The Congress refuses to impeach the president forcing him to follow the constitution because it refuses to follow the constitution. Both pushing off the constitutional question to the court who turns around and argues that the people voted for these turds, so what ever the elected people want is sanctioned so it is up to the American people to make the government follow the constitution.

If you try to bring up the only real way in which the American people can FORCE the FORCE of Government into following the constitution and you are shut down by the censor filter.

There is no responsible party, everyone is responsible for things they have no real control over and thus no responsibility or control.

astonerii on March 15, 2013 at 3:45 PM

Ted Cruz is a formidable candidate. You don’t have to like him or agree with him to acknowledge that he has a very impressive resume.

That is why the Democrats and the media (but I repeat myself) portray him as an ignorant nutball Tea Partier.

myiq2xu on March 15, 2013 at 3:49 PM

The question for the Court if a new assault-weapons ban ever passes will be whether, say, an AR-15 is a “dangerous and unusual weapon” that’s not “in common use.” That’s precisely the question Cruz is anticipating and answering

Ding, ding, ding! Nailing down the Heller case to such common terms as that is exactly how you explain to people why laws like this are wrong and unconstitutional!

It’s Friday…and I can’t wait for someone to bring this up in a conversation this weekend. Yeah, you sting that one friend a bit, but you get a chance to enlighten everyone else listening to the truth.

nextgen_repub on March 15, 2013 at 3:51 PM

Scarborough may want to start by revising his comments on ignorance, he may want to know Cruz was an attorney for Heller.

Tater Salad on March 15, 2013 at 3:54 PM

Unfortunately for Scarborough there is no antidote for stupid.

besser tot als rot on March 15, 2013 at 2:45 PM

There’s a reason that Scarborough is on MSNBC.

OhEssYouCowboys on March 15, 2013 at 2:53 PM

There is also a reason for Mika. Not many people can make Joe look like the smart one.

Obama and Axelrod, with willing collaboration of Democrats and the media, have finally made reality irrelevant in many respects and replaced it with a manufactured narrative more useful to moving public opinion. It doesn’t matter one whit to our growing Idiot Class that Scarborough is absolutely full of sh!t and Cruz is a brilliant constitutional lawyer and scholar (a real one, not like BO) who knows these issues as well as anyone in the country.

novaculus on March 15, 2013 at 3:56 PM

All involved miss the point.

Even without a second amendment, the Federal government has no right to regulate guns in the manner in which they seek to regulate them (in other words, ban them). They can only do what they are authorized under Article I Section 8, and the responsibility to regulate firearms is not one of them, even under the broadest interpretation of the Constitution. It is left to the states.

Cruz should have told Feinstein it is up to the states to regulate things like pornography and guns. The feds have nothing to do with it.

ReformedDeceptiCon on March 15, 2013 at 3:58 PM

Number of United States Supreme Court Justices clerked for:

Scarborough: 0

Cruz: 1, the CHIEF JUSTICE, in fact.

Number of briefs filed with the Supreme Court of the United States personally authored:

Scarborough: 0

Cruz: 80+

Number of oral arguments made before Courts of Appeal:

Scarborough: 0

Cruz: 43

Oral arguments made before the United States Supreme Court:

Scarborough: 0

Cruz: 9

Number of victories at the Supreme Court of the United States of America:

Scarborough: 0

Cruz: 6

Resist We Much on March 15, 2013 at 4:01 PM

Because Scalia was/is incorrect, and we’re all paying for it right now.

Speakup on March 15, 2013 at 4:05 PM

Who cares what the Supreme Court says anymore? It’s just another rubber stamp for the proggies. It has no legitimacy anymore as far as I’m concerned. One doesn’t have to be a legal scholar to understand what the Second Amendment says, it’s very clear. All these micro-arguments are a diversion. According to the Constitution, we can all own whatever kinds of arms we want. The Supreme Court is a joke. Our entire government has been hijacked by totalitarian scum. Time to resist.

WhatSlushfund on March 15, 2013 at 4:07 PM

More Cruz, Paul and Rubio, please…

dpduq on March 15, 2013 at 4:13 PM

We all want to accept the premise that Ole Joe is just ignorant of the fact that Cruz is very familiar with the Heller decision.

Question you assumptions.

WisRich on March 15, 2013 at 4:19 PM

you sb your

WisRich on March 15, 2013 at 4:24 PM

Cruz is obviously doing things right, given the amount of sh1t he’s catching from the left.

Go Cruz!

Midas on March 15, 2013 at 4:28 PM

Wonder if mccain has made a nasty comment about Cruz yet?
L

letget on March 15, 2013 at 2:58 PM

Actually, McLaim did. Since Cruz was a big part of Paul’s filibuster, and IMO was as on point as Rand and sometimes even more so, when McLaim next day called Rand “wacko” Cruz was also included in that smear.

riddick on March 15, 2013 at 4:29 PM

So, honestly; how many of you could make it through the entire clip? I lasted about 30 seconds and that may be a record when Scarborough is involved.

DDay on March 15, 2013 at 4:40 PM

So, honestly; how many of you could make it through the entire clip? I lasted about 30 seconds and that may be a record when Scarborough is involved.

DDay on March 15, 2013 at 4:40 PM

LOL. I made it about half-way through. And even that was like fingernails on a chalk board.

WhatSlushfund on March 15, 2013 at 4:55 PM

It was Senator Ted Cruz who drafted the amicus brief signed by attorneys general of 31 states, which said that the D.C. handgun ban should be struck down, aka Heller.

J_Crater on March 15, 2013 at 4:56 PM

Dangerous and unusual

So when are they going to ban civilian style sonic cannons such as the Long Range Acoustic Device. It has to fall under the unusual weapon and LRAD could very easily be turned into something as simple as a car alarm deterrent.

Computer speakers do not do it justice on the sound. http://youtu.be/QSMyY3_dmrM

tjexcite on March 15, 2013 at 5:00 PM

Joe knows who pays his salary. He tries to say in this clip that the people that support or agree with Cruz are ignorant of facts and don’t know how to read. And he says that after not watching all of the testimony…. only what his employers showed him. So he is basically flying blind, and stupid. If he didn’t speak nonsense, especially while being arrogant about his and the vast majority of his guests and viewers being ignorant, he would have no ratings, show, or job. He fits right in at MSNBC.

JeffinOrlando on March 15, 2013 at 5:21 PM

You’ll have to pardon Joey. He thinks he’s an intellectual.

GarandFan on March 15, 2013 at 5:57 PM

Liberals for the most part lie.

Scarborough: You lie with dogs….you get fleas.

CW on March 15, 2013 at 6:02 PM

Mark Levin is leading off his show with this. He’s not a big fan of the Morning Schmoe.

TarheelBen on March 15, 2013 at 6:25 PM

Joe is playing the role of the useful idiot here. He knows damn well what Cruz was getting at and what the duties of a Senator and Congressman are vis-a-vis writing constitutional laws. In this particular argument he’s attempting two things: 1) CYA for Fienstien and the gun grabbers and 2) smearing Ted Cruz. In so doing he has exposed himself as a tool of the left.

joated on March 15, 2013 at 6:32 PM

The Heller decision said that “dangerous and unusual weapons which are not in the common usage” can be regulated or banned by the government. It said that there was an individual right to bear arms; the Second Amendment “extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” (p 8); the handgun bans “amounted to a prohibition of an ENTIRE CLASS OF ‘ARMS’ that is overwhelmingly chosen by American society for that lawful purpose.”

Dangerous:

The AR-15 is the #1 rifle sold in the United States. It is no more dangerous than handguns. In fact, it kills FAR less. In 2011, 72.5% of all gun-related homicides were committed using handguns. In 2011, 3.8% (323) of ALL gun-related homicides in 2011 committed with rifles of ALL KINDS, INCLUDING “ASSAULT RIFLES” LIKE AR-15s.

Unusual:

There is NOTHING unusual about AR-15-style rifles…unless one is afraid of black, skeery, plastic thingies.

Don’t believe me? Then, look at the pictures of these two guns and ask yourself, “Does one really look that much more ‘dangerous, unusual and uncommon’ than the other?”

http://tinyurl.com/ctyyo2u

Uncommon:

Really? AR-15s are uncommon? Since when?

In 2009, it was estimated that there were 3,261,725 of AR-15s – alone, not just AR-15-style – in the United States…and the homicide rate was 5.0.

In contrast, in 1994 when the original Assault Weapons Ban went into effect, there were approximately 1.5 million AR-15s in the United States and the homicide rate was 9.0.

Feinstein, Scarborough, and Mitchell should really go back and read the Heller decision. Cruz knows it…since he was one of the attorneys that won it before the Supreme Court.

Resist We Much on March 15, 2013 at 6:48 PM

…are we sure Joe isn’t one of Uncle Joe’s kids?

KOOLAID2 on March 15, 2013 at 7:18 PM

Resist We Much on March 15, 2013 at 6:48 PM

*~Fist Bump~*! You go girl!

graywaiter on March 15, 2013 at 9:03 PM

Assume the 2nd Amendment is not in the U.S. Constitution….

Where do they derive authority for their Law-making on this?

It is amusing that if the Bill of Rights was not there, that there would be no targets. Wonder what that world would be like; and how soon after ratification would we have lasted until.

John Kettlewell on March 15, 2013 at 9:38 PM

The Court is obviously oriented towards prohibiting those weapons which are in excess of those which are commonly carried by our police for their own self defense. On the other hand, the court is disposed to allow those weapons which are commonly carried by our police for their own self-defense.

If a policeman needs a certain class of weapon to confront criminals, than a private citizen is entitled to same.

That means you can’t have a nuke or an RPG or a tank, but what you can have is certainly everything the liberals have named as wanting to prohibit today.

unclesmrgol on March 15, 2013 at 11:27 PM

Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.”… We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”

Actually, at the time of the Revolution and later when the Constitution was written… many farmers had access to the Kentucky Long Rifle, which had longer range and better accuracy, than the common muskets used in the armies.

So if we use that for comparison, we should indeed have access to military grade weaponry. After all, most of us are members of the militia, as defined by our respective State Constitutions.

dominigan on March 16, 2013 at 12:37 AM