No... only the "ordinary citizen" should decide if he himself has a "need" to hold a semi auto rifle with a standard capacity magazine. Im tired of other people saying they will decide if you have such a "need".
only the “ordinary citizen” should decide if he himself has a “need” to hold a semi auto rifle with a standard capacity magazine. Im tired of other people saying they will decide if you have such a “need”.
I agree with you GregoTX; however, when the Courts analyze a Congressional statute against the Constitution they often look at the context in which the legislation was passed in weighing the competing needs and interests. Although I agree with you that as a principled matter the Second Amendment is not subject to legislative negotiation, as a practical matter the courts will look at whether citizens have a need for semi-automatic rifles and high-capacity magazines in deciding whether to strike or uphold the legislation. Even Scalia said that the Second Amendment — like most constitutional rights — is subject to limitations, and we have to be prepared to establish the legitimate need for those arms which may be targeted.