Second Amendment Second Amendment Scholar says Assault Weapons Ban 'won't pass constitutional muster'

This could only be viewed on the website and was not broadcasted.

 

This needs to be shared with your Liberal friends, it might help being it is from PBS.

 

most boring host ever, good interview though!

 

Randy Barnett is also usually worth listening or reading. Unfortunately, believing too firmly that a weapons ban won't pass muster is foolish. While the probabillities might edge that way, the Heller case had just enough vagueness in it that can be latched onto by the opposition.

You can be absolutely sure that vagueness will exploited to the fullest, because the success of gun control efforts hinges entirely on reaping every ounce of vagueness for what it is worth, especially the "dangerous and unusual" provision (which would be especially dangerous if that were read as an OR function, rather than and AND function).

Depending on how the aforementioned is interpreted, it could end up trumping the "in common use at the time" test [originally Miller, but which got carried over in Heller] which the pro-gun rights side is relying so heavily upon (which may be to their detriment because some do not want to accept how readily the gun control side is willing to completely ignore the "in common use" argument, arguing that the "dangerous" provision completely trumps it).

 

What is the site address?