Fern
Elite Member
- Sep 30, 2003
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Originally posted by: Rainsford
-snip-...I'm just curious what people think about the wording of the 2nd amendment.
To put it quite simply, I believe that the 2nd embodies both a collective right (militia) and an individual right (people).
The SCOTUS hasn't given us much an insight to their thinking. I believe there have only been two 2nd Amendment cases. The last one, which was fairly early in the 1900 IIRC involved a guy transporting a sawed-off shotgun (illegaly too short).
The SCOTUS could have, but did not, ruled he had no right to the weapon because he was not part of any militia. Instead, they ruled that a sawed-off shotgun was not not known to used in or suitable for use in any militia.
IMO, they have a problem on their hands - in today's militia a fully auto assault weapons (as well as granade launchers etc) are what is suitable for use, and what is commonly used.
How they square their last ruling with any assualt weapon ban is difficult to forsee (or any claimed right to own a .22, too small for use in militia).
Fern