If they’re going to require historical scholarship when evaluating gun laws, they should not be surprised when that effort exposes the lie that “guns were allowed to be brought anywhere for any reason”
After all, even the famous shootout at the OK Corral happened over enforcement of a regulation prohibiting gun carrying in town.
The law and history are clear.
There are two types of open carrying.
Purposive open carry, predicated on a valid purpose, allowed bankers, sheriffs, coachmen, judicial marshals, hunters, or persons who had been threatened, to carry concealed.
Habitual open carry on the other hand was never legal. It was a sign of a lawless, no good place, and was arrestable as a breach of peace, which it undeniably is.
The required historical scholarship is particularly before the Civil War as after slaves were freed Southern states implemented a series of laws that obviously were meant to disarm free Black Americans. This point is regarded as being a shift away from the original understanding.
OK Corral’s shootout occured in 1881 (after the war).
Also when looking for historical precedent favor is to be given to the commonly accepted practice. So if one town did X and the rest of the country did Y, Y is the correct historical precedent.
U.S. District Judge Karin Immergut ruled that banning large capacity magazines and requiring a permit to purchase a gun falls in line with “the nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety,” Oregon Public Broadcasting reported.
They are going to have a hard time proving magazine capacity limits have historical precedent on appeal. Such gun control was only implemented within the last few decades.
I also can’t see this part surviving appeal:
Large capacity magazines “are not commonly used for self-defense, and are therefore not protected by the Second Amendment,” Immergut wrote.
Oregon set the capacity limit at 10 rounds. Practically every handgun commonly used for self-defense has a capacity of at least 15.
The judge is dumb because I, an idiot, can not read anywhere in the U.S. Constitution where it says the Second Amendment was written with self-defense in mind.
It literally only says that everyone can own a firearm because a militia (an organization that exists outside of the military or law enforcement institutions, but answers to a state governor) is necessary to maintain a free country protected from any threats to the country.
And a militia can’t exist without regular people being able to own guns, so they can train with them, hence where it says “well regulated militia”: meaning in good working order. You can’t have a militia in good working order without being able to train with your firearm.
This is fantastic news
Don’t worry. It’ll be appealed and appealed until they get the ruling they want
Sure, but hope springs eternal
