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No doubt, mine is a minority opinion, but what the heck....
In the Heller decision, Scalia finds that one of the purposes of the Second Amendment is to allow people to defend themselves, and that the guns people commonly own for that purpose have 2A protection. He then reasons that handguns are an example of firearms that people commonly choose for that purpose. They are, therefore, afforded 2A protection.
The exact same reasoning applies to black rifles that are not fully automatic.
I have no doubt that a new AWB would be found unconstitutional by the Supreme Court. We might have some hard years before the case works its way through, but I feel confident that it would and that we would prevail.
I have serious doubts that such a law will be passed. Too many legislators have found themselves unemployed as a result of supporting gun control. Especially in the House, where they face re-election every 2 years, there isn't going be any enthusiasm for a new AWB.
The thing we really have to worry about is the other approach to gun control. That would start with the US agreeing to the jurisdiction of the International Court, something we have never done. Once that is done, someone could bring a contrived suit in that court claiming damages as a result of US gun law. We would surely lose that. And just like that, we would be subject to UN rule on firearms without any action be our elected representatives.
Will the Supreme Court overturn Heller? No. Not even if the court were packed with the worst gun controllers in the country. The legal doctrine of stare decisis says that Supreme Court decisions are only overturned if they are glaringly wrong. SCOTUS will not re-open Heller. It is a brilliantly reasoned and well researched opinion that will stand.
Soo.... am I happy about the present situation. Not at all. As we all knew, Barry is a lying scum bag with no agenda but personal glory and power. Our situation is worse than it was. But without Heller it would be dire. It is hard to overstate the importance of Gura's victory there.
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