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pokeybill t1_ir88utp wrote

Reply to comment by Spirit117 in Reported Shooting at University of Arizona by OakTeach

How on earth does the NFA stand? The reasoning in Heller would easily extend to it if any inkling of what you are asserting is true.

Perhaps you misunderstand what an Act is versus a statutory law? Heller was a statutory decision. Acts of congress duly ratified and constitutional amendments are significantly different than statutory law.

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Spirit117 t1_ir893j1 wrote

No it doesn't. Heller reaffirmed the right to semi automatics, handguns, and certain long guns and shotguns.

The NFA doesn't apply to literally any of these. It applies to full automatic weapons, destructive devices (grenade launchers, tank guns, etc), short barreled rifles and shotguns, and suppressors.

Heller affirmed none of those, and that's how the NFA has been allowed to stand. For the record, I wish that law would be done away as well, short barreled rifles and suppressors shouldn't be a part of that.

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pokeybill t1_ir89hvu wrote

You are citing statue law mixed with acts of congress again. Heller didn't overturn an act, and a Supreme Court decision is not a law - many Supreme Court decisions are overturned when later laws or acts are passed.

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Spirit117 t1_ir89pq0 wrote

So what's your point then? You believe if congresses passes an act that outlaws all semi autos, that someone isn't going to sue and the Supreme Court isn't going to toss it in the garbage? They'll probanly even cite heller as a precident for declaring it unconstitutional.

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pokeybill t1_ir8b0bg wrote

The Heller decision was a re-writing by the court of all previous interpretations of whether the second amendment conferred a personal right.

A similar decision could completely undo it, because again, its not a codified law - just a decision throwing out a DC statute.

Until an Act of congress defines things more narrowly,we would expect to see statutory laws unduly restricting access for home defense thrown out.

An act of congress could entirely change that, just like the Heller decision threw out all existing precedent.

So yes, a law could be passed and brought before the court which leads to yet another reinterpretation of the 2a and disregard for precedent, including Heller.

A friendly reminder there were dozens of court rulings on the 2a before Heller with far different results, and there will continue to be due to the antiquated and vague wording of the amendment.

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