The Second Amendment “elevates above all other interests the right of lawabiding, responsible citizens to use arms in defense of hearth and home.” Heller, 554 U.S., at 635. The Supreme Court clearly holds that the Second Amendment protects guns commonly owned by law-abiding citizens for lawful purposes. At the same time, “the Second Amendment confers an individual right to keep and bear arms . . . that ‘have some reasonable relationship to the preservation or efficiency of a well regulated militia.’” Id. at 622. And although the Supreme Court cautioned that the Second Amendment does not guarantee a right to keep and carry “any weapon whatsoever in any manner whatsoever and for whatever purpose,” Heller, 554 U.S., at 626, lower courts have often cited this proviso about extreme cases to justify gun laws in average contexts. There is no evidence that the Supreme Court intended that language to be a license to avoid its common sense holding in average contexts. Unfortunately, Heller’s acknowledgement of exceptions for gun laws at the extreme is in danger of swallowing Heller’s rule for tThis case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned “assault weapons” are not bazookas, howitzers, or machineguns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed “assault weapons” are fairly ordinary, popular, modern rifles. This is an average case about average guns used in average ways for average purposeshe average case.
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