So what number constitute's " in common use " regarding civilian firearms

The other thread about Cabela's actually pimping " Tactical Firearms" as opposed to hiding them away like the bastard step children got me thinking


Since Heller essentially refered to the 2A protecting arms "in common use " as being off limits to a ban . What amount would that be ? How would it be measured ? Percentage of overall sales ? owners ? etc ?

90 Million gun owners = roughly 1/3rd the population

Any thoughts on legally establishing what "common use " would be defined as , as a method to throw another roadblock in the Anti's path ?? Or would doing so result in the un intended consequence of allowing the banishment of weapons that didnt meet the "common use " definition as trends ebb and flow ?

The standard of "in common use" makes no sense in most cases because the government defines what's in common use by choosing to restrict certain weapons more than others. The usefulness of a weapon should be judged by its actual use and its potential use if government roadblocks to ownership not present.

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Originally Posted by Philbert

The standard of "in common use" makes no sense in most cases because the government defines what's in common use by choosing to restrict certain weapons more than others. The usefulness of a weapon should be judged by its actual use and its potential use if government roadblocks to ownership not present.

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I agree with you 100 percent , but we're not in a perfect world by a long shot . I think its quite fair to assume that one tactic of the Anti's will be to claim anything " not in common use " is subject to the ban according to Heller ! Their already looking for wiggle room in Heller to further their agenda and have said as much publicly . So I see no good reason not to engage in the intellectual exercise of attempting to figure out just what " in common use " would mean to a rational /reasonable person , in order to take away one of their arguments before it gathers momentum

I understand, I just think it's important to remember at all times that "in common use" depends on what the government permits to be commonly used. The case will be made that EBRs are not "in common use" because they are inherently evil, when in fact several states restrict their use.

I have to believe that the phrase,"In common use", would be applied to all small arms in the military arsenal, as, at the very least, the most common denominator. I don't think there can be a number attached to it, I would imagine you would have to go by what would be commonly available to the military.