Wednesday, January 23, 2013

Wouldn't This Make Them "In Common Use"?

The Fontana School District is buying 14 Colt Model LE6490 AR-15s to equip school police officers. They will be stored at school police headquarters to be used in case of an active shooter situation.

I won't even touch up on the level of firearms ignorance espoused by the opponents of the police being armed with AR-15s.

However, as SayUncle pointed out yesterday, he doubted that the most popular rifle type in America is "unusual" taken in the context of the Heller decision. Sebastian takes this a step further.
I’ve also advocated that the courts should consider police use when making a determination about “common use.” If a type of weapon is part of ordinary police equipment, it can’t be dangerous and unusual, and ought to be defined as in common use, even if it’s only in common police use.
I agree with both SayUncle and Sebastian that the AR-15 is in common use. One could argue that the move by the Fontana School District and their police force puts the "normal" AR-15 into common use in California. There is no mention of the police having to have bullet buttons or reduced capacity magazines in the report from CBS Los Angeles. This is something to bear in mind if the California Assembly tries to adopt even more draconian gun laws.

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