Post-Newtown gun legislation will hinge on 'Heller'http://www.law.com/jsp/nlj/PubArticl...20130214230019"The Second Amendment does protect weapons typically possessed by law-abiding citizens for lawful purposes," he said. "There's just a matter of logic here. These [assault] guns are cosmetically different but not functionally different; they fire one bullet every time pressed, just like any normal gun."
The gun used in the Newtown school shootings was the AR-15, "one of the most popular firearms in the U.S. these days," he added. "It probably outsells every other model. Is it occasionally misused in crimes? Yes, but certainly at a lower rate than handguns as a class are misused in crimes. Therefore, Heller appears to forbid a ban on such guns."
Seems we have a legitimate basis for over turning the AWB if another one comes down.




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Sonia Sotomayor and Elena Kagen.

