is the Second Amendment already repealed?

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According to The Federalist, the Supreme Court has already repealed the Second Amendment "in District of Columbia v. Heller by restricting the amendment to common arms:"

Heller asked the court to decide whether Washington DC's bans on handguns, having a loaded firearm at home, and carrying a firearm at home without a permit violated the Second Amendment.

"Miller [U.S. v. Miller (1939)] asked," the article continues, "whether the National Firearms Act of 1934 violated the Second Amendment by requiring that a short-barreled shotgun be registered with the federal government:"

Heller said, "We think that Miller's 'ordinary military equipment' language must be read in tandem with what comes after: '[O]rdinarily when called for [militia] service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.'" [...]

Although some laud Heller for recognizing an individual right to some arms, its false standard allows Congress and the states to ban arms they and the courts claim are not "common" or that are useful "in military service."

Then we can reinstitute the assault-weapons ban--right?

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This page contains a single entry by cognitivedissident published on May 9, 2018 9:32 AM.

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