6min chapter

5-4 cover image

DC v. Heller

5-4

CHAPTER

The Supreme Court's Decision to Overturn USB Miller

The last time the Supreme Court had addressed the scope of the Second Amendment was in 1939. Scalia says that it's consistent with Miller because what that case stands for is the idea that Congress can ban weapons that quote are not in common use at the time. If states legalize a particularly dangerous type of weapon, like machine guns, he says this doesn't impact gun bans. But if a state legalized machine guns, they'd become more popular and then they're protected by the Constitution due to their rarity.

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