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this post was submitted on 22 Nov 2023
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Not according to the Supreme Court:
Heller - 2008:
https://supreme.justia.com/cases/federal/us/554/570/
"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
McDonald - 2010 (because Heller involved Washington D.C., a 2nd ruling showed that it also applies to states as well).
https://supreme.justia.com/cases/federal/us/561/742/
"The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense."
Caetano - 2016 - This one is fascinating. I wish more people read it. Woman had an abusive ex, bought a taser to protect herself. MA went after her arguing "tasers didn't exist back then, 2nd Amendment doesn't apply." Supremes "um actually'd" them hard.
https://supreme.justia.com/cases/federal/us/577/14-10078/
"The Second Amendment covers all weapons that may be defined as "bearable arms," even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare."
Bruen - 2022
https://supreme.justia.com/cases/federal/us/597/20-843/
"The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.
New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered."
Sooo...
When you look at all 4 of these rulings together...
Washington D.C. can't ban an entire class of weapon, or require they be kept locked or disassembled. Militia membership is not required (Heller).
That same restriction applies to the States as well (McDonald).
The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano).
States cannot apply additional restrictions on gun ownership or possession (Bruen). Citizens only need to pass a criminal check.
That seems to conflict with Miller though? A short barrel shotgun apparently wasn't standard military issue so it wasn't legal for possession?
New precedent trumps old precedent. It's why Brown v Board is the law of the land and Plessy v Ferguson isn't. There (to my knowledge) hasn't been a challenge to the NFA that's reached the Supreme Court since that Caetano case in 2016 and the court hasn't explicitly struck down the prior precedent of its legality, so it still stands based on the other points in the ruling. Even the current NFA-related cases against bump stock and pistol brace bans working through courts are based more on whether the ATF can consider them as NFA items rather than whether the NFA itself can be considered constitutional, so it's likely to stick around.
There's a lot of confusion over "legal".
A short barrelled shotgun or short barrelled rifle can be legally owned, you just have to pay a tax stamp on it. $200 was a LOT of money when Miller passed, not so much these days.
That doesn't even get into "Non-NFA Firearms" that are designed by the manufacturer to ride the line between legal and illegal.
For example... If you take a Mossberg 590 shotgun and chop the stock down to a pistol grip, and don't pay the tax, that's a felony.
If you take a Mossberg 590 and shorten the barrel too much without paying the tax stamp, that's a felony.
The 590 Shockwave is a "Non-NFA firearm" that is perfectly legal without a tax stamp even though it has a pistol grip and a short barrel.
https://www.mossberg.com/590-shockwave-6-shot-50659.html
It's legal because it was made this way, not modified to be this way and it fits precisely in the overall length definition.
If you were to remove the pistol grip and put on a shoulder stock? No tax stamp? Felony.