“Common Use”

For years many people would look at the attempts by the California legislature to ban firearms, or in the alternative make them so difficult to acquire and ask, “how can they do this?  Surely the Second Amendment protects our right to keep and bear arms?”

It was a legitimate question.

While the intent of the Second Amendment was clear to our Framers, and for most of the country throughout our national life, the gun control movement attempted to reframe the concept starting in the 1970’s.

The Second Amendment was not an individual right to keep and bear arms… no no.. it was a collective right of state militias to keep and bear arms.  If you wanted to own a gun… well… just join the national guard!

Moreover, the Second Amendment was not, in their opinion, a fundamental right… therefore it had not been incorporated to the States via the 14th amendment.  (I won’t go into the theory of incorporation… suffice to say according to them you as an individual were not entitled to protections of the Second Amendment.)

In 2008 The case of Heller v. District of Columbia changed that permanently.  Justice Scalia’s opinion recognized the Second as a fundamental individual right… not a collective right for State Militias.

(Finally!)

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He did say that there existed the possibility that States could ban or regulate certain types of firearms… but not those that are in “common use”.

So… that takes us to the dreaded… evil (looking) AR-15.

There is a lot of effort right now among California law makers (and at one that is trying to become governor) to limit the ability of law abiding citizens to purchase AR-15’s

Without listing all of the pending legislation…. suffice to say if they get there way and you own one by January 1 2017 you will be ok… you will just need to register it as an “assault weapon” (whatever the hell that means).

If you want to buy one after January 1 2017… no worries… you just need to understand that what you are purchasing is an “assault weapon”.  Oh.. and by the way.. it is not legal for you to purchase an “assault weapon” in California.

Have a nice day Pumpkin.

Here is the thing… and frankly… it’s somewhat amusing.  If the anti-gun legislators get their way  they are ultimately going to loose.  For that loss… and the millions of dollars it will cost them, they can thank… one of the most anti-gun administrations in history.

During the Clinton years there was a ten year ban an “assault weapons.”  This took place at the federal level and so was controlling on the States.  Up to this point in our national firearms history there was not a particularly high demand for AR-15’s.

Their cousins, the M-16 had a dubious history in Southeast Asia and many of our nations sportsman who were serving time in the military brought that distaste back home.  Their dislike of that rifle meant there were few manufacturers of the model.  Then, as with anything, a ban caused people to give the AR-15 a second look.

What they found surprised them.  The battle carbine had grown up.  It was ergonomic, functional, and best of all a “tinker toy” allowing a single firearm to be configured multiple ways.  The new demand for the AR platform caused more and more suppliers to enter the market.  Massive improvements and evolutions took place, and continue to take place… and the number of AR-15’s in “common use” began to explode.

No longer was the AR a niche rifle.  Now everyone from competitors, hunters, target shooters and those interested in self defense were training on the AR platform.

So we now have the state legislature attempting to wipe out that market through legislative prohibitions on ownership.

Sorry kids… remember that pesky Second Amendment that you said only applies to national guards?  Well… it doesn’t.  It applies to us, and has been incorporated to the States.  Yes… you are more than allowed to try and regulate weapons… but only those weapons that are not in “common use”.

Good luck formulating your argument that the millions of AR-15’s legally owned and used by gun owners don’t qualify as “common use”.

So spend your millions of dollars on failed legislation.  Allow the hungry to go unfed.  Allow the schools and bridges to collapse.  Underfund our police, and allow the pensions to go bankrupt.  Spend those precious recourses on programs that are destined for failure instead…. but remember.  We are watching…and we vote.