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      12-19-2012, 08:43 AM   #64
sjk9671
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Quote:
Originally Posted by MteK View Post
That's your completely subjective interpretation of the 2nd amendment and clearly proven wrong by the fact that the original Assault Weapons ban was not overturned, but simply expired.

Even Justice Antonin Scalia agrees:

http://www.supremecourt.gov/opinions/07pdf/07-290.pdf

"So you think you know the 2nd amendment?

For more than a hundred years, the answer was clear, even if the words of the amendment itself were not. The text of the amendment is divided into two clauses and is, as a whole, ungrammatical: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” The courts had found that the first part, the “militia clause,” trumped the second part, the “bear arms” clause. In other words, according to the Supreme Court, and the lower courts as well, the amendment conferred on state militias a right to bear arms—but did not give individuals a right to own or carry a weapon.

Since then the law has taken a different interpretation. In any case the battle over gun control is not just one of individual votes in Congress, but of a continuing clash of ideas, backed by political power. In other words, the law of the Second Amendment is not settled; no law, not even the Constitution, ever is."
That's interesting when this is right in the second paragraph:

"The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia
, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but
does not limit or expand the scope of the second part, the operative
clause. The operative clause’s text and history demonstrate that it
connotes an individual right to keep and bear arms."

Also about the term militia....

Militia was a generic term used back then to refer to the people:

"A militia when properly formed are in fact the people themselves . . . and include all men capable of bearing arms. . . To preserve liberty it is essential that the whole body of people always possess arms... The mind that aims at a select militia, must be influenced by a truly anti-republican principle." Richard Henry Lee -1788

"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
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