Quote:
Originally Posted by ShivaTD
The Second Amendment does not specifically protect a person's right to possess firearms.
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It specifically does: From Section 1 of the syllabus to Heller:
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
Pp. 2–53.
Quote:
Originally Posted by ShivaTD
Congress has this authority under the Constitution to regulate which "arms" are protected and which arms are not protected under the Second Amendment.
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Not it does not; again from Section 1 of the syllabus
The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing
army or a select militia to rule.
The response was to deny Congress
power to abridge the ancient right of individuals to keep and bear
arms, so that the ideal of a citizens’ militia would be preserved.
If any branch of government has the power to make a definitive final decision on the regulation of a specific type of arm it would be the courts.
However when it comes to arms commonly employed by the regular combat foot soldier, I have almost convinced myself, that may not be within, even their legitimate purview.
"Shall not be infringed."
No dangling participle, referencing the whims of a black robed statist tyrant, even mentioned.