Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: qaz123
Just as the 4th Circuit in upholding Maryland's "assault weapons" ban, Sen Feinstein grasps at Justice Scalia's words:

"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."

"M-16 rifles and the like" does not have the same meaning as "rifles like the M-16." It means the same as "M-16 rifles, grenades, rocket launchers, squad machine guns, and the like." The Senator tried to get him to interpret what the common idiom "and the like" means, but he would have none of it. Good for him.

If Justice Scalia had meant "rifles like the M-16," he would have written that. He did not.

10 posted on 03/21/2017 4:16:19 PM PDT by IndispensableDestiny
[ Post Reply | Private Reply | To 1 | View Replies ]


To: IndispensableDestiny
Scalia was making the argument that military style weapons cannot be banned or the "militia clause" makes no sense. Lower courts (and apparently DiFi) have turned that on it's head to claim it allows them to be banned.
14 posted on 03/21/2017 4:29:00 PM PDT by Hugin (Conservatism without Nationalism is a fraud.)
[ Post Reply | Private Reply | To 10 | View Replies ]

To: IndispensableDestiny

Feinstein completely misrepresented and misstated this quote. She had Scalia saying something he did not. Gorsuch apparently has not studied Heller. Or, he would have pointed out her twist.


21 posted on 03/21/2017 5:52:09 PM PDT by nonsporting
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson