@Advocate,
Advocate wrote:
Obama proposed no shredding of the constitution. Bans on assault weapons are not unconstitutional. Scalia made this clear in Heller, where he said there may be gun control. The problem regarding these guns is that the law must be very specific in identifying the gun, and the characteristics of the gun can be easily changed.
In HELLER, the USSC cited:
"United States v. Miller, 307 U. S. 174, does not limit
the right to keep and bear arms to militia purposes, but rather
limits the type of weapon to which the right applies
to those used by the militia,
i.e., those in common use for lawful purposes." [emphasis added by David]
Therefore, M-16s, Thompson Submachineguns, B.A.R.s, and MP5s have the immunity
afforded by the Second Amendment, according to
US v. MILLER, as explained by the USSC in
HELLER.
The USSC went on to say:
"It may be objected that if weapons that are most useful
in military service"
M-16 rifles and the like"may be banned,
then the Second Amendment right is completely detached
from the prefatory clause. But as we have said,
the conception of the militia at the time of the Second
Amendment’s ratification was
the body of all citizens
capable of military service, who would bring the sorts of
lawful weapons that they possessed at home to militia duty.
It may well be true today that a militia, to be as
effective as militias in the 18th century,
would require
sophisticated arms that are highly unusual in society at large.[all emphasis joyfully added by David]
David