sc94597 said:
1. From what I gather, Scalia uses the definition of the term militia used by the framers to derive whose weapons are protected and which criteria for "common use" should be used: merely the military's or all persons capable of military service? The term is used more than 150 times in the decision, so I am skeptical that he viewed "militia" as irrelevant.
2. Here are some statistics from 1994 when there were an estimated 192 million guns in the U.S (Source) "The data collected by Cook and Ludwig show that 40 percent of both handguns and rifles in American households were semi-automatics" "Today, that percentage is most likely higher, given the popularity of the AR-15 semiautomatic rifle and of Glock’s handguns and others that have knocked off its design. The distribution of ammunition magazine capacity will also be different than it was 15 years ago given the growing popularity of semi-automatic rifles and of large-capacity handguns. Nearly 80 percent of ammunition magazines owned by gun owners at the time of the Cook and Ludwig survey held fewer than 10 rounds. A recent market survey of owners of semi-automatic assault rifles, what the industry is rebranding as the “Modern Sporting Rifle,” showed that 63 percent of owners of these guns had ammunition magazines that held more than 10 rounds." If we merely extrapolate we get ~ 50 million semi-automatic rifles and ~50 million semi-automatic handguns, assuming a total gun count of 350 million, and assuming the ratio of semi-automatic/total guns sold remained the same (which is probably not true.) |
1. What I meant by "still-relevant" was the question of whether Scalia considered the term to still have currency with that meaning in the 21st century outside of the historical context of the drafting of the Constitution (or other historical discussions). The word being in the opinion 150 times given the amount of discussion devoted to militias of both types is not evidence either way, nor is it surprising. However, the quote you provided would seem to support your position.
2. I guess I was unclear on whether you were talking about the entire category of all forms of semi-automatic rifle, or the category contained within it of assault-style semi-automatic rifles. (It is only the latter that people are concerned will be subjected to restrictions or bans.) Your 50 million figure was originally given in response to "is that right infringed if assault rifles are not part of the picture? If you have the right to own a hunting rifle, you do have the right to bear arms." (emphasis added)
Tag (courtesy of fkusumot): "Please feel free -- nay, I encourage you -- to offer rebuttal."
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"Everyone is entitled to his own opinion, but not his own facts." - Sen. Pat Moynihan
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