Why a National Magazine Ban or Assault Weapon Ban Could Never Stand

Published on May 7, 2024
Duration: 9:06

This video explains why national bans on 'assault weapons' and high-capacity magazines are unlikely to withstand constitutional scrutiny, primarily due to the 'common use' test. Citing a National Shooting Sports Foundation study based on ATF data, the speaker highlights the vast number of semi-automatic rifles and magazines in circulation, arguing they are in common use for lawful purposes.

Quick Summary

Federal bans on 'assault weapons' and high-capacity magazines are unlikely to withstand constitutional scrutiny due to the 'common use' test. Data from 1990-2021 shows over 28 million modern sporting rifles and 717 million magazines with capacities over 10 rounds in circulation, indicating common lawful use.

Chapters

  1. 00:00Introduction: The Push for Bans
  2. 01:10Sponsor: Right to Bear Legal Protection
  3. 02:01The Core Argument: Constitutional Scrutiny
  4. 02:42The Common Use Test Explained
  5. 03:45Magazine Data: Volume and Capacity
  6. 06:32Assault Weapon Data: Production Numbers
  7. 07:59Conclusion: Math and the Constitution

Frequently Asked Questions

What is the 'common use' test regarding firearm bans?

The 'common use' test is a legal standard used in Second Amendment cases. It states that the government cannot ban firearms that are in common use by law-abiding citizens for lawful purposes, such as self-defense or sport.

How many high-capacity magazines are estimated to be in circulation in the US?

A study using ATF data from 1990-2021 estimates that approximately 717 million magazines with a capacity of 11 or more rounds have entered the commercial market, suggesting over two such magazines per capita.

What is the estimated number of modern sporting rifles produced between 1990 and 2021?

According to data analyzed from 1990 to 2021, over 28 million modern sporting rifles (semi-automatic rifles) were produced and placed into circulation in the United States.

Why are historical bans limited to 'dangerous and unusual' items?

The historical tradition of banning items, as interpreted in legal contexts, typically applies only to those deemed both dangerous and unusual. 'Unusual' implies rarity or extraordinariness, which is argued not to apply to commonly owned firearms and accessories.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Washington Gun Law

View all →