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Old November 24, 2002, 10:56 AM   #21
OF
Senior Member
 
Join Date: April 11, 2000
Posts: 2,239
Quote:
The militia provision of the second amendment is clearly a limiting provision of the RKBA clause.
I have to say I disagree, Lon. My .38 snubnose certainly isn't a 'militia weapon', yet I am thoroughly convinced that the 2nd Amendment secures my right to possess it. The writings of the founding fathers contradicts the claim that the militia clause in any way restricts the scope of the RKBA.

The only weapons that I am unsure about, are modern WMD. Which may have been un-imaginable by the framers and pose a unique problem. IMHO, the RKBA is inclusive of all conventional weapons from the .22 derringer all the way to the AH64 and beyond.

Brett's point is also very pertinant. Without the Constitution granting the gov't the power to make this decision (draw the line on the RKBA), they are (in theory) powerless to do anything at all.

- Gabe
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