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Some people drink and drive, so drinking and driving laws are obviously having zero effect and should be gotten rid of. That's the essence of your argument.
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The essence of my argument is although criminals do use prohibited weapons,as in fully automatic weapons, they don't choose 50 caliber machine guns. You claim that it is because they are prohibited, but obviously being prohibited isn't enough to deter criminals from using smaller ,lighter automatic weapons. On the other hand, my theory is that criminals avoid 50 caliber machine guns, because the size and weight makes them too impractical for their uses.