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Old July 4, 2008, 11:00 AM   #169
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,776
Quote:
The only point I can add here is that the 2A was not penned for "civilian self defense" specifically... and should not be looked at in such a manner.
Agreed, however, the militia no longer exists but we still have a right to bear arms independent of that says Heller. I think that Scalia well put it on page 56 when he said:
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that modern developments have limited the degree of fit between the prefactory clause and the protected right
That is why I believe it is reasonable and constitutional to limit or ban civilian access to most military weapons.

Most of the arguments I see on here are from what I call extremists who believe that by being a part of the "unorganized militia" they have a right to own without restriction (or as long as they don't hurt anybody) any military weapon they can afford to buy.

Militias, by definition of our constitution are organized, disciplined armed forces. Not a of bunch gun enthusiasts with stingers and grenade launchers living around the nation answerable to no chain of command or military structure. That is not a militia. Actually, the unorganized militia other than being a pool of manpower from which our standing armies can draw has no duties I am aware of prescribed by law.

There are some so-called "New Militias" out there in some states but they are unauthorized voluntary paramilitary organizations. New militias say they are subordinate to civilian authority, but that is not true. Not a single new militia group has its senior officers militarily subordinate to militia officers appointed by the state. None that I have read about can show that there is a chain of command that starts with the governor or the legislature and can be followed down to one of these groups.
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Last edited by Tennessee Gentleman; July 4, 2008 at 04:29 PM. Reason: spelling
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