I think it would be quite difficult to argue now that they are not in “common use.” Indeed, not even the DC Circuit Court of Appeals in Heller II was willing to say they weren’t. They just said even thought they were, they still weren’t protected arms.
Nonetheless, this is more evidence our opponents are losing. AR-15s are now as American as Apple Pie and Wal-Mart.
It is also worth pointing out that the WalMart in question is located in Littleton, CO. If I recall, the year of the Columbine massacre the NRA had a convention planned in Denver, and they were widely criticized for not changing venues in shame.
It’s good to see this progress.
I think the ‘common use’ stuff is BS besides. How would something become common use in the first place if they were allowed to restrict something that was new or not yet widely accepted? I bet suppressors and full autos would be common if not for the laws that regulate them. It’s like a self fulfilling prophecy.
I think the common use issue is less of a problem, since there are ways to deal with it. One way is to suggest that if the arm banned is in common police usage, then it is nontheless in common use regardless of what the law says.
It was a way for the courts to get around the machine gun issue. It was never meant to be logical.
Oh I know it’s not meant to be logical, this is the government we’re talking about after all.
Now that you mention it, aren’t select-fire capable weapons becoming more common among our police forces? Maybe that will be the way to repeal the Hughes Amendment.
Well you can check the Walmart.com to check availability at a store near you:
http://www.walmart.com/ip/Bushmaster-M4A3-.223-REM-16-Patrol-Carbine/19235996
My local Walmart in Easton, PA has two (2) Bushmaster M4A3 in stock and priced at $897 each.
My local has had a Remington AR in too.