Federal Judge: Assault Weapons Not Protected by 2nd Amendment

[BjornF16]

Different subject. I was addressing who comprised the militia, not to whom the 2A applies. Try to keep up.

Not a different subject. Your premise is that the 2A only refers to a right of the militia to keep and bear arms and there is no other right for other citizens. My premise is that there are two components to the 2A; a prefatory clause (reason for the militia) and an operative clause (RKBA, which supports the prefatory clause). The militia clause does not restrict the RKBA clause.

There were NEVER any discussions or writings of the period that indicated that only active members of the militias (organized militia) had the RKBA. Rather, it was the entire citizenry who had RKBA, from which states would pull militia members.

Trying to limit the 2A to militia members only is an attempt by progressives to rewrite the narrative and implement gun control.

Scalia understood the nuances of the 2A as written, as did everyone of the period.

DC v Heller:

[FONT=&amp]Held:
[/FONT]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. 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. Pp. 2–22.

(b) The prefatory clause comports with the Court’s interpretationof the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.