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To: Cheerio
Many in America would argue that only the MILITA is allowed to have firearms.

They're going to have to overturn the holding in the recent Supreme Court case, DISTRICT OF COLUMBIA ET AL. v. HELLER then.

Held: 1. 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.

That's in the syllabus, rather than the decision itself, but it's also a succinct summary, which was approved by the author of the decision. In any event, Justice Scalia, the author of the opinion, included this phrase:

Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons

But should a new, and liberal, court decide that "right of the people" means "power of the state militias".. well that's the reason for the right in the first place.

385 posted on 08/11/2009 3:27:39 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
I have heard that Heller did NOT apply to the States, only the District.

But should a new, and liberal, court decide that "right of the people" means "power of the state militias".. well that's the reason for the right in the first place.

EXACTLY - the Constitution and the Bill of Rights did not set out the rights of the Government but rather the rights of Citizens.
404 posted on 08/11/2009 4:44:50 PM PDT by Cheerio (Barack Hussein 0bama=The Complete Destruction of American Capitalism)
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