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Why is it generally considered OK to ban fully automatic weapons, but not Constitutional to ban semi automatics?
Under the NFA, it is illegal for any private civilian to own any fully automatic weapons manufactured after May 19, 1986. Only certain types of gun manufacturers may make them, and then only for purchase by qualified state and federal agencies. There are no exceptions.
8 Answers
- USAFisnumber1Lv 72 years ago
Actually the ban on full auto has not been challenged in the Supreme Court.
- u_bin_calledLv 72 years ago
The 2nd Amendment is based on the Age of Enlightenment notion that humans possessed the innate rights of self defense and self sufficiency. One of the oldest principles of Constitutional law, however, is the notion that one person's rights end when they infringe upon the rights of others.
In arguments related to personal arms, the key factor is the potential for indiscriminate damage and danger for those in the immediate area. This is the same principle as applied to things like hand grenades and bazookas.
In short, your right to defend yourself against an attacker or target a particular animal as game should not infringe upon the reasonable rights of those in the same general area to their own personal safety and property.
- jeeper_peeper321Lv 72 years ago
automatic weapons are not banned
silly liberals ought to learn what the actual gun laws are, before embarassing themselves here.
- Anonymous2 years ago
Because it might not be constitutional.
Heller v. DC established the government cannot ban handguns because "the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose."
If you extend the logic of that ruling, and since most gun owners have a semi-automatic weapon for the purpose of self defense, especially considering most firearms sold are semiautomic (even modern revolvers), it is entirely likely a blanket ban on semi-automatics will not hold up to SCOTUS muster.
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- Anonymous2 years ago
The Gun Control Act of 1968 exempted weapons with a "legitimate sporting use." Semiautomatic weapons were determined to have a legitimate sporting use, while fully automatic weapons were not.
- Anonymous2 years ago
Ironically Texas is trying to prevent a gun store from selling AK47s. Second amendment
- StarShineLv 72 years ago
Idiots have been conned into actually believing that more guns = fewer shootings and that guns are defensive/protective tools and not tools made to kill people (offensive)
- Anonymous2 years ago
It is constitutional to ban either.
Source(s): We already did once.