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jimmy the one

(2,708 posts)
21. war of 1812 no shows
Sat May 25, 2013, 06:43 AM
May 2013

excop: just like Miller's sawed-off shotgun was not a weapon with a military use. It's funny that Scalia would put that in the opinion, listing all the "normal" weapons of the military as being appropriate for the militia.

Military weapons were indeed appropriate for the militia when activated circa 1791. There were 10 to 15 thousand americans who did not report for militia duty for the war of 1812, do you contend they retained the same 2ndA rights as the near half million who did report? (they were subject to prosecution but amnesty was granted, so you say they retained the same 2ndA individual rights? as 'intended' by madison et al?).
.. Aside, what scalia 'said' in his 2008 heller ruling is the rightwing wishlist for re-interpreting the 2ndA (& miller), the nra could've written most of it (with exceptions). So what scalia 'said' is pretty much crap, & any inferences or truth to be gained from what scalia 'said' is based on the rightwing interpretation of 2ndA, which has always been ahistorical & mostly invalid. Citing an 1871 ruling may or may not resemble what the 1791 2ndA intended, since by 1871 the two trains of thought had split into the collective militia camp vs individual rkba (by 1830 actually).

english decision, 1871: The word "arms" in the connection we find it in the Constitution.., refers to the arms of a militiaman or soldier, and the word is used in its military sense.

Certainly, 2ndA as a militia based right it makes sense, as does applying 'bear arms'; But if you try to apply this to scalia's 'individual rkba' aberration you are mixing things up, applying the proper 'bear arms' concept to an improper grouping - citizens unconnected to militia or military. From what I've seen I don't see a problem with this paragraph. It also seems to validate several state constitutions laws (then) which prohibited carrying concealed weapons.

excop:..if the Second Amendment is antiquated, there is a way to fix it. It is known as amending the Constitution. That's the only way.

The supreme court could reverse itself & interpret 2ndA properly as a militia based rkba. The 3rdA is antiquated too, but retains it's bor meaning.
PS: I'll continue at bottom of thread, due to narrowing.

Too many gun nuts like that guy. That's what guns on demand has done to our society. Hoyt Apr 2013 #1
Cave boy, probably lives with his mother. Kingofalldems Apr 2013 #2
Message auto-removed Name removed Apr 2013 #3
and access to deadly weapons..... lastlib Apr 2013 #4
looks like an ak47 jimmy the one Apr 2013 #5
99.9% of folks here really dont give a damn what the precise nomenclature for his lethal weapons or Hoyt Apr 2013 #6
+1 freshwest Apr 2013 #7
calm down hoyt jimmy the one Apr 2013 #8
Well that's a good approach -- Only allow elephant guns that knock you on your ass with first shot. Hoyt Apr 2013 #9
teamwork jimmy the one Apr 2013 #11
you are a bit off on the metal slanting thing Travis_0004 Apr 2013 #12
It is an AK ExCop-LawStudent May 2013 #14
going gunny again for a bit jimmy the one May 2013 #15
Reply ExCop-LawStudent May 2013 #16
caliber not that important jimmy the one May 2013 #17
Differences ExCop-LawStudent May 2013 #18
I do support book bans jimmy the one May 2013 #19
That's not a logical position ExCop-LawStudent May 2013 #20
war of 1812 no shows jimmy the one May 2013 #21
If you sincerely believe that billh58 May 2013 #28
"..down the hall and to the Far Right." Heheheheh! nt Pholus May 2013 #29
Sure, if all you want to hear is ... ExCop-LawStudent May 2013 #30
Pimping your blog billh58 May 2013 #32
Whatever. ExCop-LawStudent May 2013 #33
Is he related to this guy? SunSeeker Apr 2013 #10
where is the mental bleach when I need it??? niyad May 2013 #13
1939 miller was 8-0 unanimous jimmy the one May 2013 #22
Miller supports individual, not collective, rights ExCop-LawStudent May 2013 #23
Welcome back billh58 May 2013 #24
Huh? ExCop-LawStudent May 2013 #25
Okey dokey billh58 May 2013 #26
There seems to be a lot of pro-gun posters who espouse NRA talking points but claim to be not NRA coldmountain May 2013 #27
Yeah---funny how many of these "reasonable" RKBA Absolutists have turned up, lately. Paladin May 2013 #36
It's so obvious that billh58 May 2013 #37
They've been turning up in clusters for years, here at DU. Paladin May 2013 #39
Well, the gun porn people have hijacked another thread. n/t JimDandy May 2013 #31
joseph story on the militia jimmy the one May 2013 #34
state cases jimmy the one May 2013 #35
sawed off reasoning jimmy the one May 2013 #38
It's fucking idiots like that who have serious mental issues that should not own guns. madinmaryland May 2013 #40
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