Gun Rights Idea

A pro-gun rights attorney friend just sent me this email:

Following up on this assault weapons craziness in the news [the hysteria over the imminent expiration of the federal assault weapons ban], whaddya think of this proposed legislation I just came up with.

For the safety of our law enforcement personnel (and the public at large), we should pass a common sense federal law that: (a) reduces the use of assault weapons in crime, and (b) preserves the 2nd Amendment rights of law-abiding citizens.

The proposed law would REQUIRE that any person, during the commission of any federal or state crime (at least a felony), use ONLY a pistol having less than 10 rounds in each magazine, or a less lethal instrumentality.

Some sarcastic legislator should propose this, just to see what the arguments against it might be. “You can’t legislate against criminals, they don’t obey the law anyway”. BINGO! If criminals can’t be legislated against, repeal ALL gun control measures. Obligatory response: “Gasp! What are you, some kind of gun nut??!!

Of course, my main objection to such a law would be that it is not authorized in Article I, Section 8, so it’s ultra vires

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4:06 pm on September 10, 2004