Thursday, June 26, 2008

Holy shit

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large.

But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.


Maybe I will get my wish.

It'll probably be a bit before we start seeing gun control laws being defeated, but it may damn-well be in the future.

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