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Old 02-02-2013, 10:11 AM
stamina stamina is offline
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Originally Posted by California44 View Post
"We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns."

How can a firearm be "typically possessed" if its been banned for a sufficiently long period of time? Hypothetically, if, say, 10 million otherwise law-abiding citizens shortened the barrel on their personal shotgun, would short-barreled shotguns become legal under Miller?
This is the "circularity" problem that Gura has addressed. How can it be in common use if it's illegal? Or, how can it be in common use if it was just invented?

Gura's answer is that the common use test should be read as something more along the lines of, "in common use, or would be in common use..."

SBSs specifically would certainly be a battle of "would be" (shotguns are commonly used for home defense, and shortening one makes it much easier in a confined env like the home) against the ever-nebulous state's interest in public safety.

Originally Posted by California44
if a handgun that is commonly owned in the United States and is protected in part on the point above, how can it be Constitutional for California to make illegal, via omission from the Approved List, such a handgun?
Gura addressed this as well. IIRC, he maintains the CA list in unconstitutional on commerce grounds, among other things. Since the state limits legal purchases to some subset of the market, the state then deforms that market, which is a no-no. I think he mentioned that if the state had some reasonable and objective requirements which all (in this case) guns had to meet, such as "gun must not accidentally fire when dropped", then there would be no problem, but to just allow some guns on the roster and not others which are essentially identical is irrational.

Last edited by stamina; 02-02-2013 at 10:15 AM..
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