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To: robertpaulsen

http://www.abajournal.com/magazine/district_of_columbia_v_heller/

Miller’s definition of the “Militia,” then, offers further
support for the individual right interpretation of the Second Amendment. Attempting to draw a line between the ownership and use of “Arms” for private purposes and the ownership and use of “Arms” for militia purposes would have been an extremely silly exercise on the part of the First Congress if indeed the very survival of the militia depended on men who would bring their commonplace, private arms with them to muster. A ban on the use and ownership of weapons for private purposes, if allowed, would undoubtedly have had a deleterious, if not catastrophic, effect on the readiness of the militia for action. We do not see how one could believe that the First Congress, when crafting the Second Amendment, would have engaged in drawing such a foolish and impractical distinction, and we think the Miller Court recognized as much.


15 posted on 03/17/2008 12:01:07 PM PDT by tumblindice (America's founding fathers, all armed conservatives.)
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To: tumblindice
The second amendment protects the right to keep and bear Militia-type arms for those individuals in a well regulated state Militia from federal infringement.

The second amendment says nothing about private purposes and makes no such distinction.

19 posted on 03/17/2008 12:38:55 PM PDT by robertpaulsen
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