Heller + Miller = Ban on AR-15's and Semi-Auto pistols unconstitutional?

Perhaps I misunderstood these statements in your post:

"For example, the dicta creating the presumptively lawful restrictions on bans on felons, mentally ill, etc. There is no constitutional basis for those, they were not the issue before the court, and poof! SCOTUS created them out of thin air."

I read your statements to mean the referenced dicta created law despite the fact that it was dicta.

Dicta does not have and should not have legal weight.

I did not suggest that all judges/justices have either the ability or the intelligence and knowledge to ignore dicta referenced in written or oral argument. Such a statement might fairly be characterized as ignorant or "disingenuous."
 
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Nobody knows the most recent official use of Posse Comitatus?

How about states that have it as statute law instead of common-law?
 
"For example, the dicta creating the presumptively lawful restrictions on bans on felons, mentally ill, etc. There is no constitutional basis for those, they were not the issue before the court, and poof! SCOTUS created them out of thin air."
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The SCOTUS didn't "create" anything by that statement. The restrictions referred to already existed. ALL the SCOTUS statement said and meant was, "These other firearms laws are to be presumed lawful until such time as they are reviewed by a court. We're not here to discuss those other laws today, so we will not do so."
 
I did not suggest that all judges/justices have either the ability or the intelligence and knowledge to ignore dicta referenced in written or oral argument. Such a statement might fairly be characterized as ignorant or "disingenuous."
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You're right -- I was unclear. Did not mean to imply stare decisis vanished, and reading my post, I really botched the verbiage. I think we're in agreement on this.
 
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