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Old 11-07-2013, 6:07 PM
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Quote:
Originally Posted by elSquid View Post
Currently, federal law mandates that manufacturers inscribe a unique identifier on each firearm produced. Is this requirement unconstitutional?
No, it doesn't affect the firearm and doesn't add any measurable cost.

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Originally Posted by elSquid View Post
Microstamping requires that a pistol mark spent casings with an identifier. Is this requirement generally unconstitutional? Or is it unconstitutional because of the current problems with implementation? If the implementation details are 'worked out', will microstamping then pass muster?
It's unconstitutional because of the "current problems with the implementation," or to be more precise, because such handguns don't exist at all. If it's worked out and it consists of some simple modification of the firing pin and chamber it would most likely be constitutional (and irrelevant). As long as it is not used to limit access to spare parts or to start registration of barrels and firing pins.

Quote:
Originally Posted by elSquid View Post
My concern is that the "massive ban" isn't really one. According to a quick check of the roster there are 1244 models on the list, and from my recent expeditions to gunstores it appears that there are many different types of firearms available for sale.
This is the same argument as "magazine capacity." How many are "sufficient" before it becomes an infringement?

Quote:
Originally Posted by elSquid View Post
I wonder how the "massive ban" argument would fare when presented to the courts? A very simple question to ask of any individual - and I'll ask you - is of the handguns currently on the list, how many would you feel would be suitable for personal defense? 10? 20? 100? More? How difficult would it be for you to walk into a gunstore tomorrow and purchase a suitable defensive handgun from the choices available on the roster?
This is the crux of the disagreement. It's not "how many are sufficient" (the most restrictive way to implement a policy), but "why are some handguns that are bona fide suitable for self defense banned" (the least restrictive way to implement a policy.)

The state must justify the ban and the justification for the ban cannot be reversed by requiring us to justify a need. That's the main change post-Heller when 2A was recognized as pertaining to an individual civil right and the simple "rational basis" is no longer sufficient. The burden is now on the state.
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