Originally published as 20 J. Permission for WWW use at this site generously granted by the author. For educational use only. The printed edition remains canonical.
For citational use please obtain a back issue from William S. Introduction One evening, a gang brawl broke out in the street next to the northwest Denver home of a young woman named Sharon Deatherage.
A police car happened upon the scene, and sped away without taking any action, never to return. As a result of this experience, the young woman, who lived alone, decided that she would have to take measures to protect herself because she could not rely on the Denver City government for protection.
Because of an injury to her wrist, she was unable to use a handgun. At the suggestion of a firearms instructor, she bought an M-1 carbine, which is a relatively small, low-powered semiautomatic rifle, and which has been commercially available for nearly half a century.
Deatherage into a criminal by declaring her M-1 carbine and its attached round ammunition magazine an illegal "assault weapon.
As of AugustCongress had not enacted a comprehensive federal "assault weapon" prohibition. Employing the rational basis test, before analyzing the of right to bear arms provisions, is useful for several reasons.
For example, the Second Amendment is of limited use in analyzing prohibitions enacted by states or subdivisions of states. Despite some recent Supreme Court dicta suggesting that the individual right to keep and bear arms is incorporated in the Fourteenth Amendment,  federal courts have been unwilling to apply the Second Amendment to non-federal action.
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In all of these states, except Massachusetts, the right is considered to inhere in individuals, rather than the state government.
And even in states that do have a constitutional right, right to arms jurisprudence is not as fully developed as, for example, free speech or search and seizure jurisprudence. Thus, use of a right to arms guarantee to test the Constitutionality of "assault weapon" prohibition will involve the judiciary analyzing a Constitutional right with which many judges have little prior professional experience.
In contrast, almost every judge with Constitutional law experience will have some familiarity with a rational basis analysis. To the extent that a right to bear arms analysis does become necessary, analysis of "assault weapon" prohibition under the rational basis test can help clarify the issues relevant to the right to arms.
This Article begins in Part IIwith a brief summary of rational basis jurisprudence. Next, Part III applies the rational basis test to various characteristics that are said to distinguish "assault weapons" from other firearms.
These characteristics include the weapons' rate of fire, ammunition capacity, ammunition lethality, design history, and the presence of features such as a folding stock and a barrel thread for a muzzle brake, or a bayonet lug.
In Part IVthe article examines another basis for treating "assault weapons" differently from other weapons--the frequency with which "assault weapons" are used in crime.
Finally, this Article discusses the rationality of a prohibition on firearms based on their suitability for sports. Taking Rational Basis Seriously When legislation impinges on fundamental constitutional rights, judicial review of the legislation employs the "strict scrutiny" test.
The legislation is declared constitutional only if the legislation is "narrowly tailored" to achieve a "compelling state interest," and there is no "less restrictive means" to achieve the same goal. In contrast, legislation which does not involve fundamental rights is usually reviewed under the "rational basis" standard; the court will not declare the law unconstitutional unless the court finds that the law lacks a rational basis.Comparing two tried-and-true big-game cartridges.
The two most popular big-game cartridges among American hunters remain the and Neither are exactly new; the was introduced clear back in , while the passed its centennial seven years ago (wow!).
The has a much smaller base diameter than the and makes it so the cannot hold near the powder charge of the or hold up to the amount of pressure that the can.
As you can imagine, this is going to allow the to use heavier bullets without sacrificing ballistic properties.
I have used a and a on deer. All the deer died right there but if I had to buy one just for deer hunting I would get the 25/ More juice than a and less recoil than the Jul 20, · I was recently comparing IMR load data between the and win mag and noticed that, according to the hodgens reloading center, there is only about a fps difference between their perspective max loads for the grain match bullets.
By Alex Boughamer. When shopping for a rifle I consider many factors: caliber, features (safety, action, magazine, stock design and material, barrel length, extraction and feeding, etc), quality, price, ballistics, recoil, intended game, hunting conditions, ammo selection, ammo availability, and current rifles as well as ones that I will likely own someday.
In ballistics, the ballistic coefficient (BC) of a body is a measure of its ability to overcome air resistance in flight. It is inversely proportional to the negative acceleration: a high number indicates a low negative acceleration—the drag on the projectile is small in proportion to its mass.