Originalism and technological changes

[Michael MASINTER]

I guess Montana is different from West Virginia, my home until college, in
ways I had not imagined.  Guns were as much a part of growing up in West
Virginia as anywhere, but nobody hunted with assault rifles then or, so
far as I know, now; it's just too hard to get within fifteen feet of a
deer even if you don't care about waste.  As for competitive shooting, we
West Virginians were way too poor to shoot to lose with inaccurate guns.

I'll concede the accuracy of some military rifles, especially relative to
their modern cousins.  But here we may be quibbling over definitions of
what constitutes an assault rifle as much as over accuracy.  In the end,
Michael McConnell, Don Kates, and Randy Barnett may have the best argument
for why assault rifles should fall within the protection of the second
amendment; they unquestionably are very good weapons for militia work.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel

On Wed, 3 Jan 2001, Jeff Renz wrote:

> Michael MASINTER wrote:
>
> > Let me pose the question differently.  Do you know anyone who hunts with
> > an assault rifle?
>
>     Yes.  (Not me, however.  The high muzzle velocity wastes meat.)
>
>
> >  Who thinks that its short barrel and large clip make it
> > useful for shooting something other than people?
>
>     Yes, but they don't score well on the LSAT.
>
> >  Do you know anyone who
> > thinks that an assault rifle is useful for personal protection or crime
> > deterrence?
>
>     Yes.
>
> > Who thinks that it is a good bedside weapon, or perhaps a
> > useful sidearm?
>
>     Yes.
>
> >  Do you know anyone who uses an assault rifle in
> > competitive target shooting (and if you do, I would like to discuss a
> > match)?
>
>     Yes.
>
>     Ya gotta live in Montana.
>
> Jeff