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Market Share: The Key to Constitutionality

Joe Steel

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Why do we even need a Supreme Court when the answer to constitutionality has been right in front of us?

The justices’ threshold for a gun “in common use” is not especially high. They assert that because “[r]oughly five million Americans own AR-style semiautomatic rifles” like those Highland Park bans, citizens “have a right under the Second Amendment to keep such weapons” and the city’s restrictions offend the constitution.

The five-million threshold that would establish constitutional inviolability for Scalia and Thomas represents less than two percent of the American population (and less than two percent of the guns owned by Americans). It’s also not an especially difficult sales target to reach: the most recent release of the Grand Theft Auto video game sold more than 11 million copies the first day after it was released—more than double the number of sales that Scalia and Thomas believe should trigger a constitutional rule permanently barring government from regulating a gun.


The Alarming, Unprecedented Views of Justices Thomas and Scalia on the Second Amendment | ACS


 
Why do we even need a Supreme Court when the answer to constitutionality has been right in front of us?




Really? Where in the Constitution is "market share" mentioned? What is mentioned is, ".....shall not be infringed". ;)
 
Why do we even need a Supreme Court when the answer to constitutionality has been right in front of us?




singling out one brand of semi auto rifle is idiotic. Its like saying a 1996 Camaro i snot in common use rather than all cars with the same basic configuration and engine power. There are at least 25 million semi auto rifles in the USA-at least and every police department and the military has used such weapons for decades.

The guy who squirted that idiotic article is a hard core banoid Leader of a banoid organization. BFD: its garbage and its propaganda
 
Really? Where in the Constitution is "market share" mentioned? What is mentioned is, ".....shall not be infringed". ;)

The banoid movement is desperate. as more and more people understand what a farce federal gun control is-both as a crime control tool and as unconstitutional infringements on our rights, the banoid conspiracy is getting more and more dishonest and more and more extreme.
 
You didn't read the article, did you.

I don't need to, I've read the Constitution.

Again, were in the Constitution is "market share" mentioned, or even alluded to?
 
singling out one brand of semi auto rifle is idiotic. Its like saying a 1996 Camaro i snot in common use rather than all cars with the same basic configuration and engine power. There are at least 25 million semi auto rifles in the USA-at least and every police department and the military has used such weapons for decades.

The guy who squirted that idiotic article is a hard core banoid Leader of a banoid organization. BFD: its garbage and its propaganda

The author was quoting Thomas and Scalia.
 
The author was quoting Thomas and Scalia.

The author is a dishonest banoid

and by the way singling out an AR 15 when the real test is semi auto rifles is MORONIC

I don't see anything in the second amendment that says the power of the government to ban something constantly changes based on how many of them were sold or owned
 
Scalia and Thomas introduced the concept. Isn't that a problem for you?

Really? They introduced the concept of using market share to test constitutionality? Quote? No? Didn't think so.
 
The author is a dishonest banoid

and by the way singling out an AR 15 when the real test is semi auto rifles is MORONIC

I don't see anything in the second amendment that says the power of the government to ban something constantly changes based on how many of them were sold or owned

Well, Thomas and Scalia do.

Are you surprised two NRA stooges should be about their master's business. The NRA is a gun industry pressure group and market share is very important to any industry.
 
It's in the article. Read it.

Perhaps you should read their actual comments, as opposed to what another poster refers to as the "banoid" crowd.

http://www.supremecourt.gov/orders/courtorders/120715zor_6j37.pdf


Lastly, the Seventh Circuit considered “whether law-abiding citizens retain adequate means of self-defense, ” and reasoned that the City’s ban was permissible because “f criminals can find substitutes for banned assault weapons, then so can law-abiding homeowners.”

That analysis misreads Heller. The question under Heller is not whether citizens have adequate alternatives available for self-defense. Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist. 554
U. S., at 627–629. And Heller draws a distinction between such firearms and weapons specially adapted to unlawful uses and not in common use, such as sawed-off shotguns. Id., at 624–625. The City’s ban is thus highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes. Roughly five million Americans own AR-style semiautomatic rifles. See 784
F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767–768; Heller, supra, at 628–629.
 
Well, Thomas and Scalia do.

Are you surprised two NRA stooges should be about their master's business. The NRA is a gun industry pressure group and market share is very important to any industry.


the second amendment was a blanket restriction on the government
 
It's in the article. Read it.

It is an ARTICLE, which means the author is providing HIS (mis)-interpretation of the two Justices' response to the majority vote not to hear the case.

I DID read the actual dissent, which was properly quoted below.

This is why I get so annoyed with gun control advocate articles. The vast majority are written by people who have no understanding of either the factual history surrounding the Second Amendment, the history of guns in America, or how the judicial system reviews the constitutionality of a law. The few who do have such knowledge prefer to warp and distort the facts in order to pursue their gun control agenda.

Perhaps you should read their actual comments, as opposed to what another poster refers to as the "banoid" crowd.

http://www.supremecourt.gov/orders/courtorders/120715zor_6j37.pdf


Lastly, the Seventh Circuit considered “whether law-abiding citizens retain adequate means of self-defense, ” and reasoned that the City’s ban was permissible because “f criminals can find substitutes for banned assault weapons, then so can law-abiding homeowners.”

That analysis misreads Heller. The question under Heller is not whether citizens have adequate alternatives available for self-defense. Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist. 554
U. S., at 627–629. And Heller draws a distinction between such firearms and weapons specially adapted to unlawful uses and not in common use, such as sawed-off shotguns. Id., at 624–625. The City’s ban is thus highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes. Roughly five million Americans own AR-style semiautomatic rifles. See 784
F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767–768; Heller, supra, at 628–629.


I was just about to post that very same thing when I saw you beat me to it. :)
 
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You didn't read the article, did you.

Country boy probably didn't read the article. I can guarantee that I didn't read the article. I don't read garbage. Here is what bothers me, Some people with a twisted agenda work so hard to misshape the Constitution to ban guns that are of a very very minute consequence. That makes me suspicious of their motivation and intentions. Like TD said, it isn't about model, it is about function.
 
The author is a dishonest banoid ...

I like your attempt to create a name for gun banners but you probably should using should be using a different suffix.


-oid

1. a suffix meaning “resembling,” “like,” used in the formation of adjectives and nouns (and often implying an incomplete or imperfect resemblance to what is indicated by the preceding element):
alkaloid; anthropoid; cardioid; cuboid; lithoid; ovoid; planetoid.

-oid | Define -oid at Dictionary.com

-ite

1. a suffix of nouns denoting especially persons associated with a place, tribe, leader, doctrine, system, etc. ( Campbellite; Israelite; laborite); ...

-ite | Define -ite at Dictionary.com


In other words, a banoid would be like a ban while a banite would associated with a ban. Clearly the latter is more appropriate than the former.
 
I know. Scalia and Thomas are two of them.

Actually, in light of the actual words of Scalia and Thomas, which I posted, it's clear the twisted agenda is embraced by the anti-constitutionalists who created your OP. It's a lie, and a total fabrication.

As such, the OP and those who embrace it, have no credibility. One might suggest the truth as an avenue of discussion rather than the fanatical lies and deceptions the Anti-Constitutionalists use, that only serve to prove how gullible their target audience is.
 
Actually, in light of the actual words of Scalia and Thomas, which I posted, it's clear the twisted agenda is embraced by the anti-constitutionalists who created your OP. It's a lie, and a total fabrication.

As such, the OP and those who embrace it, have no credibility. One might suggest the truth as an avenue of discussion rather than the fanatical lies and deceptions the Anti-Constitutionalists use, that only serve to prove how gullible their target audience is.

The truth is, Thomas and Scalia tried to use the number of assault guns possessed by gun owners to establish the constitutionality of possession.

That's the truth.
 
It is an ARTICLE, which means the author is providing HIS (mis)-interpretation of the two Justices' response to the majority vote not to hear the case.

I DID read the actual dissent, which was properly quoted below.

This is why I get so annoyed with gun control advocate articles. The vast majority are written by people who have no understanding of either the factual history surrounding the Second Amendment, the history of guns in America, or how the judicial system reviews the constitutionality of a law. The few who do have such knowledge prefer to warp and distort the facts in order to pursue their gun control agenda. ...

That's not me.

I'm all about the truth.
 
The truth is, Thomas and Scalia tried to use the number of assault guns possessed by gun owners to establish the constitutionality of possession.

That's the truth.

No it isn't. That's the spin the Anti-Constitutionalists are selling to their followers.

As they stated quite clearly, the Heller case speaks to common ownership. The 5 million number was used to illustrate the particular gun involved is common. I posted their words, you should read them, in context, an idea that is remarkably foreign to those who would rather lie than present the truth.
 
No it isn't. That's the spin the Anti-Constitutionalists are selling to their followers.

As they stated quite clearly, the Heller case speaks to common ownership. The 5 million number was used to illustrate the particular gun involved is common. I posted their words, you should read them, in context, an idea that is remarkably foreign to those who would rather lie than present the truth.

Still no quotes from Thomas and Scalia concerning the use of market share as a measure of Constitutionality eh? Perhaps a mention of market share from the Constitution itself? No? Why is that?
 
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