Judge Roger T. Benitez wrote:

The United States Supreme Court in District of Columbia v. Heller established a simple Second Amendment test: The right to keep and bear arms is a right enjoyed by law-abiding citizens to have arms that are not unusual ‘in common use’ ‘for lawful purposes like self-defense.’… It is a hardware test. Is the firearm hardware commonly owned? Is the hardware commonly owned by law-abiding citizens? Is the hardware owned by those citizens for lawful purposes? If the answers are ‘yes,’ the test is over. The hardware is protected.

That "...not unusual 'in common use'" bit is important. A study released in April by the National Shooting Sports Foundation (NSSF) examines precisely this issue. The Detachable Magazine Report, 1990-2021, has decisively debunked the claim that magazines holding over 10 rounds of ammunition are, somehow, "not usual in common use." //

The NSSF study concludes that the “national standard for magazine capacity for America’s gun owners is greater than 10 rounds.” //

• The overwhelming majority of these – approximately 74 percent, or 717 million magazines – have a capacity of eleven or more rounds, and almost half (about 46 percent) “are rifle magazines with 30+ round capacity.” More than half (about 55 percent) of total pistol magazines are detachable 11+ magazines. //

The "well-regulated" portion of that amendment, while being a subordinate clause (the "right of the people to keep and bear arms shall not be infringed" being the operative clause) means that the militia must be properly trained and equipped. In modern parlance, that means having essentially the same capacities as a soldier; we probably aren't going to see the 1934 National Firearms Act repealed any time soon, but it seems clear that the "well-regulated" clause would imply that citizens should have similar equipment - including the 30-round magazine for the popular AR-15 platform, in which it is the standard, not a high capacity magazine. //

Mike Ford
6 hours ago
"The right to keep and bear arms is a right enjoyed by law-abiding citizens to have arms that are not unusual ‘in common use’ ‘for lawful purposes like self-defense.’…"

And that test is bogus. The test, if there is to be one, should center around what any U.S Infantry Soldier would carry....including automatic weapons....and crew served machine guns.