In particular Fatheaded White Moron who did point out something I missed in the DC's list of guns which cannot be registered: a bayonet lug. They missed that one since I wasn't there cribbing them on what to put in.
Anyway, since I like the idea of regulating assault weapons as machineguns, his example of an M1 Carbine would be an assault rifle in my opinion because:
In selective fire versions capable of fully-automatic fire, the carbine is designated the M2 carbine.
which places it in the 26 USC 5845 definition of a Machine gun:
Machine guns, defined as any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
The M2 variant is designed to be capable of fully automatic fire, therefore, the M1 is a machinegun using that defintion.
Tough shit, you cretinous asshole.
I strongly suggest that people read the case law 26 USC 5845 in particular the law relating to "designed to shoot" and "readily restored to shoot":
"There were two welds in the gun which obviously was, when manufactured, 'designed to shoot.' The barrel of the gun was welded closed at the breech and was also welded to the receiver on the outside under the handguard. Scroggie testified that there are two possible ways by which the firearm could be made to function as such. The most feasible method would be to cut the barrel off, drill a hole in the forward end of the receiver and then rethread the hole so that the same or another barrel could be inserted. To do so would take about an 8-hour working day in a properly equipped machine shop. Another method which would be more difficult because of the possibility of bending or breaking the barrel would be to drill the weld out of the breech of the barrel. United States v. Smith, 477 F.2d 399(8th Cir.1973)
In the context of the NFA and its use as a modifier describing the manner of firearm restoration, "readily" has been read to encompass several elements of restoration: (1) time, i.e., how long it takes to restore the weapon; (2) ease, i.e., how difficult it is to restore the weapon; (3) expertise, i.e., what knowledge and skills are required to restore the weapon; (4) necessary equipment, i.e., what tools are required to restore the weapon; (5) availability, i.e., where additional parts are required, how easily they can be obtained; (6) expense, i.e., how much it costs to restore the weapon; (7) scope, i.e., the extent to which the weapon has to be changed to allow it to shoot automatically; (8) feasability, i.e., whether the restoration would damage or destroy the weapon or cause it to malfunction. See S.W. Daniel, Inc. v. United States, 831 F.2d 253, 254-55 (11th Cir. 1987) (ease and scope); United States v. Alverson, 666 F.2d 341, 345 (9th Cir.1982) (expertise, ease, and scope); United States v. Smith, 477 F.2d 399, 400 (8th Cir.1973) (time and equipment); United States v. Aguilar-Espinosa, 57 F.Supp.2d 1359, 1362 (M.D.Fla.1999) (time, ease, expertise, and equipment); United States v. Seven Misc. Firearms, 503 F.Supp. 565, 573-75 (D.D.C.1980) (time, ease, expertise, equipment, availability, expense, and feasibility); United States v. Cook, No. 92-1467, 1993 WL 243823, at *3-4 (6th Cir. July 6, 1993) (availability)...
The decisions of several other courts make clear that the Defendant weapon, which would require, according to Alverson's own expert, a maximum of six hours to convert to fire automatically, "can be readily restored" under the NFA. The Eighth Circuit held that a semiautomatic rifle that would take an eight-hour working day in a properly equipped machine shop to convert to shoot automatically qualified as a "machinegun" under the NFA.10 Smith, 477 F.2d at 400; cf. United States v. Shilling, 826 F.2d 1365, 1367 (4th Cir.1987) (holding that disassembled guns that could be made to shoot automatically were "readily restor[able]"); S.W. Daniel, Inc., 831 F.2d at 254-55 (upholding the use of a jury instruction defining a machinegun as "those weapons which have not previously functioned as machine guns but possess design features which facilitate full automatic fire by simple modification or elimination of existing component parts"); Alverson, 666 F.2d at 345 (concluding that an automatic weapon that was converted to fire semiautomatically prior to its sale to defendant could be "readily restored" where it could be modified to shoot automatically by filing down one of its parts); United States v. Lauchli, 371 F.2d 303, 312-13 (7th Cir.1966) (in a case prior to the addition of the "can be readily restored" language to the NFA, deciding that weapons requiring assembly to shoot automatically were machineguns under the NFA). U.S. v. One TRW, Model M14, 7.62 Caliber Rifle, 441 F.3d 416(2006)
There's readily restorable for you!
And why I have a job.
Additionally, some people obviously haven't read the DC v. Heller decision, in particular page 54. They could also do with reading footnotes 23 and 26. Heller did not get rid of firearms regulations. In fact, I have pointed out that Dick Heller was denied a permit for one of his guns. The DC Metropolitan Police notes on its website that: "about 50 applications to register handguns have been denied since the Heller decision".
Of course, these people don't read things or footnotes, unless of course, they are Michael Bellesiles footnotes! Then they rip them apart.
Another point, the "civic right" interpretation of the Second Amendment is not dead as Justice Steven's dissent provides hope for its revival. The Heller decision is "a strained and unpersuasive reading" which overturned longstanding precedent, and that the court had "bestowed a dramatic upheaval in the law". Stevens also stated that the amendment was notable for the "omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense" which was present in such documents as the Declarations of Rights of Pennsylvania and Vermont.
So, there is still hope.
