More than once this session, one of my Judiciary Committee colleagues has declared that the 2nd Amendment prohibits regulation of weapons in common use.
When he said it again in a small group meeting about the Governor’s gun bill, I found this excerpt from Justice Scalia’s majority opinion in the Supreme Court decision that struck down a ban on handgun possession in one’s home.
We also recognize another important limitation on the right to keep and carry arms. Miller [a prior Supreme Court decision] said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”
Translated from legalese: Dangerous and unusual weapons can be prohibited, even if they have been in common use.
I read the decision out loud and told my colleague that his statement was misleading.
He disagreed.
I expect we will discuss this again – in full committee and on the House floor.
