Ex--'regulatory czar' uses slick sleight of hand to justify banning modern guns

Get that? He claims that the Heller decision recognizes Constitutional protection only for those arms "'in common use at the time' that the Second Amendment was ratified." That would mean that any firearm more advanced than flintlock pistols and muskets can be banned. It is also very clearly a badly flawed reading of Heller, which itself drew on the United States v. Miller decision (a decision reached, remember, without the benefit of any oral arguments--or even a written brief--for the defense) for the "common use" test. [More]

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