wrote it is not just splitting hairs. There really isn't any good definition of what an "assault rifle" is. When they tried to do so in a previous statute, all they could come up with was basic balderdash which was essentially "it looks scary". Since the law had no beneficial effect, it was not retained.
Also, such a ban was before Heller where the Supreme Court made an interpretation on the civil right under the second amendment by saying:
Like most rights, the right secured by the
Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See,
e.g.,
Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the
Second Amendment or state analogues. See,
e.g.,
State v.
Chandler, 5 La. Ann., at 489–490;
Nunn v.
State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884). Although we do not undertake an exhaustive historical analysis today of the full scope of the
Second Amendment , nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
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We also recognize another important limitation on the right to keep and carry arms.
Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.” See 4 Blackstone 148–149 (1769); 3 B. Wilson, Works of the Honourable James Wilson 79 (1804); J. Dunlap, The New-York Justice 8 (1815); C. Humphreys, A Compendium of the Common Law in Force in Kentucky 482 (1822); 1 W. Russell, A Treatise on Crimes and Indictable Misdemeanors 271–272 (1831); H. Stephen, Summary of the Criminal Law 48 (1840); E. Lewis, An Abridgment of the Criminal Law of the United States 64 (1847); F. Wharton, A Treatise on the Criminal Law of the United States 726 (1852). See also
State v.
Langford, 10 N. C. 381, 383–384 (1824);
O’Neill v.
State, 16Ala. 65, 67 (1849);
English v.
State, 35Tex. 473, 476 (1871);
State v.
Lanier, 71 N. C. 288, 289 (1874).
It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the
Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the
Second Amendment ’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.
Since "assault rifles" (however we are going to define them) are in common use today, to make them illegal will require overturning Supreme Court precedent. (Which was not in effect when the useless law was passed.)
I'm not going to make my mind up until I see an exact listing. If I were to consider why we are not seeing or hearing of such a list yet, I would (Without any knowledge or basis and with complete speculation putting on my tinfoil hat while making a wild-assed guess.) think the reason is because something they found required further investigation. If there was an illegal automatic weapon found, where did he get it?