Constitutional Law

Justice Breyer's dissent misreads DC law?

At Concurring Opinions, Prof. Mike O'Shea has a post demonstrating just that. Breyer's dissent argued that the DC law was a reasonable regulation, since he thought militia purposes were the most important aspect of the 2A, and a person could still own and practice with rifles. But as Prof. O'Shea points out, DC law bans machineguns -- and defines them as any semiauto that can accept a magazine of more than 12 rounds. Effectively, this ban every American militiary rifle made in the last 40-50 years (ever since they retired the M-1 Garand in favor of the M-14).

Full post as published by Of Arms and the Law on July 10, 2008 (boomark / email).