The militia provision of the second amendment is clearly a limiting provision of the RKBA clause. A militia has the same weaponry as the typical light infantry soldier. Because the typical weaponry of a light infantry solider has handguns, shotguns, assault rifles, and the like, the right of the people to own such weapons are protected. This is what was shown in US v. Miller, and if Miller's lawyer showed up, he would have been able to prove to the court that Miller's short barrelled shotgun was commonly possessed by US infantry soldiers as a trech gun in WW1.
__________________
Pagan, American, Homosexual, Pro-gun Libertarian. Any Questions?
|