SOTG 166 – Ammo: How much is too much?

The gun culture is again arguing with itself on social media about “high-capacity” (standard capacity) handguns. Professor Paul steps in to consider just how much ammo is too much.  Is there even such a thing?

Just in case you missed it, the Seventh Circuit Court of Appeals has decided to rule against the people and with the over-reaching state. No surprise there. However, in a landmark opinion, one justice stated for the record that if a law makes people feel “safer” then it has merit and can be ruled constitutional.  We wish we were kidding.

SOURCES:

From www.firearmspolicy.org:

In a stunning 2-1 decision published today that upheld a City of Highland Park, Illinois ordinance (§136.005 of the City Code) that prohibits the possession of so-called “assault weapons” and “large‐capacity magazines,” Seventh Circuit Court of Appeals Judge Frank Easterbrook held that

[a]nother constitutional principle is relevant: the Constitu‐tion establishes a federal republic where local differences are cherished as elements of liberty, rather than eliminated in a search for national uniformity. McDonald circumscribes the scope of permissible experimentation by state and local gov‐ernments, but it does not foreclose all possibility of experi‐mentation. Within the limits established by the Justices in Heller and McDonald, federalism and diversity still have a claim. Whether those limits should be extended is in the end a question for the Justices. Given our understanding of exist‐ ing limits, the judgment [of the trial court, which held that the gun control ordinance was constitutional] is AFFIRMED.

Adding insult to injury, the majority found that “[i]f a ban on semi‐automatic guns and large‐capacity magazines reduces the perceived risk from a mass shooting, and makes the public feel safer as a result, that’s a substantial benefit.”

In his dissent, Judge Manion found that

[b]y prohibiting a class of weapons commonly used throughout the country, Highland Park’s ordinance infringes upon the rights of its citizens to keep weapons in their homes for the purpose of defending themselves, their families, and their property. Both the ordinance and this court’s opinion upholding it are directly at odds with the central holdings of Heller and McDonald: that the Second Amendment protects a personal right to keep arms for lawful purposes, most notably for self-defense within the home.

Unlike public life where the cities and states have broad authority to regulate,the ultimate decision for what constitutes the most effective means of defending one’s home, family, and property resides in individual citizens and not in the government. The Heller and McDonald opinions could not be clearer on this matter. Heller, 554 U.S. at 635; McDonald, 561 U.S. at 780. The extent of danger—real or imagined—that a citizen faces at home is a matter only that person can assess in full.

To be sure, assault rifles and large capacity magazines are dangerous. But their ability to project large amounts of force accurately is exactly why they are an attractive means of selfdefense. While most persons do not require extraordinary means to defend their homes, the fact remains that some do. Ultimately, it is up to the lawful gun owner and not the government to decide these matters. To limit self-defense to only those methods acceptable to the government is to effect an enormous transfer of authority fromthe citizens of this country to the government—a result directly contrary to our constitu-tion and to our political tradition. The rights contained in the Second Amendment are “fundamental” and “necessary to our system of ordered liberty.” McDonald, 561 U.S. at 778. The government recognizes these rights; it does not confer them.

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Professor Paul Markel

Founder & CEO at Student of the Gun

Paul G. Markel has worn many hats during his lifetime. He has been a U.S. Marine, Police Officer, Professional Bodyguard, and Small Arms and Tactics Instructor. Mr. Markel has been writing professionally for law enforcement and firearms periodicals for nearly twenty years with hundreds and hundreds of articles in print. Paul is a regular guest on nationally syndicated radio talk shows and subject matter expert in firearms training and use of force. Mr. Markel has been teaching safe and effective firearms handling to students young and old for decades and has worked actively with the 4-H Shooting Sports program. Paul holds numerous instructor certifications in multiple disciplines and a Bachelor’s degree in conflict resolution; nonetheless, he is and will remain a dedicated Student of the Gun.

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