An arm does not have to be “in common usage” to be covered by the 2A. No such qualifiers or exceptions exist.
On March 27, 2023, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware issued an opinion that denied the request for a preliminary injunction to stop enforcement of the State of Delaware’s unconstitutional ban on some semi-automatic rifles and standard capacity magazines.
Judge Andrews dug deeply into his interpretive consideration to find a way to deny the request for a preliminary injunction.
With the clear guidance given by the Supreme Court in the Bruen decision to clarify the Heller decision on the Second Amendment, Judge Andrews performed some mental gymnastics.
The Bruen decision told lower courts to stop using the convoluted “two-step” framework to decide Second Amendment cases. The “two-step” frame was widely criticized as a way for the lower courts to treat the Second Amendment as a “second-class right” in the Bill of Rights.
By Dean Weingarten