“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. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. 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.”
In that one paragraph, Scalia kills any argument that individuals have the right to carry weapons similar to those used in the military. Not only does he address military-style weapons, he anticipates the argument that every “pro-gun” advocate makes in declaring the militia equivalent to the military, and rips its heart out.
June 12, 2018
Why There Is No Constitutional Argument Against Gun Control
Reality is extremely difficult thing to observe and you don’t have to go to the subatomic or cosmic scales to be convinced of that. Here, Cunningham and I can read the same exact words, written by an experienced writer, and arrive at completely different unambiguous conclusions.
I wonder what color the sky is in his universe.—Joe]