There is room for looking at the lethality of modern firearms when considering the constitutionality of gun regulation. The court implicitly acknowledged this in its Heller decision when it stated that machine gun bans were acceptable. It’s a difficult concession to explain unless the court is considering the modern capabilities of firearms outside of the historical scope of regulation.
The issue before the Court this fall concerns the conditions under which an individual can carry a firearm publicly on their person.
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