Heller Thoughts: Dangerous AND Unusual

Now, Some folks seem to be worried about Scalia’s discussion of “the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.'” Is he talking about “M-16 rifles and the like”? Yes, he is.

Look, first off, he put this stuff in to secure a five-vote majority — he had to have it so he didn’t scare the white folks (i.e., Kennedy, whose agreement he turned out to desperately need in order to get a 5-4 majority).

But the more I read this opinion, the more I appreciate what Scalia’s done. The opinon’s loaded with little bits where Scalia seems to concede a point, then proceeds to undermine the concession itself.

Here, he COULD have started with “dangerous and unusual” and parsed it to mean “dangerous weapons” OR “unusual weapons.” But he didn’t. What’s better for us, “dangerous OR unusual” or “dangerous AND unusual”? The latter, for sure — this opinion can only be cited in support of prohibitions of weapons that are BOTH “dangerous” AND “unusual.”

Nicely done, Nino!

And FWIW, the Beretta 92 EL at top left is both dangerous and unusual, but not in the manner Scalia was talking about.

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9 Responses to Heller Thoughts: Dangerous AND Unusual

  1. Derek says:

    I see everything went well several weeks ago. Where’s that super .308 upper… or will we all have to wait until Boomershoot 2009?

  2. David says:

    Thread hijacker!

    That’s okay, it’s Heller Day, I forgive you. 🙂

    Turns out I need to buy a #$%!& punch pin to pop off a part that I think is called the ejector. It blocks the upper from sliding all the way on.

    Also, I feel somewhat obligated to shoot the .45 slide at least once before I toss it in a drawer for the rest of its natural life. I picked up another goodie for the 1911, too — more on that tomorrow.

  3. David says:

    Besides, I thought you were gonna be at the Gunblogger Rendezvous in Reno this October? That’ll probably be my first long-range shooting with the Pachmayr upper.

  4. Derek says:

    I just saw the two handguns. That’s what happens when you publish too early =P.

    I’ll be there. It just seems that Boomershoot stands out more compared to everything else.

  5. David says:

    That it does. But bring your Boomershoot rifle if you can — there’s a 900-yard gong at the Reno range, from what I hear.

  6. Joe Huffman says:

    I was told it was 953 yards. But who’s counting?

    As for “dangerous and unusual” this Beretta is extremely unusual as well as dangerous. Do you think it qualifies?

  7. Phil says:

    953 yards? Cool!

    Looks as though the Hun Bastard will be getting distance tested.

  8. David says:

    Yep, that’s an unusual Beretta. But again, not in the sense Scalia was discussing.

  9. David says:

    Phil, have you thought about rotating the Hensoldt 90 degrees in the rings so you have an elevation ladder in the reticle? LOL

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