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Grampaw Willie, SASS No.26996

Thought for the Day

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in poking around on the 'Net this morning as I usually do I found a good article on American Thinker


George Washington Would Have Owned an AR-15


the interesting thought -- which I thought would make a good "Thought for the Day" is as follows:



when the Founders wrote the Second Amendment it was because the British were coming, not because it was the start of deer season.


Further Reading:   ( Reason )


Second Amendment Does Not Apply to 'Assault Weapons,' Says U.S. District Judge


the operative language may come to this:


Scalia wrote elsewhere in Heller, while attempting to reconcile his opinion with the 1939 Miller precedent, that "We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns. That accords with the historical understanding of the scope of the right."


at some point the Courts will likely review and determine what is and is not covered under The Second.    Right now the line would appear to be defined by commonality of use and ownership.


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There is some important reading out on the AR15 rifle in the last few days


For example, there's this:

US federal judge rules that AR-15s and large capacity magazines are not protected by Second Amendment [The Independent]


reference to source article:

US federal judge rules that AR-15s and large capacity magazines are not protected by Second Amendment


the keys, as I understand them are:

1. Heller affirms that the Right to arms is an individual right; and then

as the Heller case venue was DC there was an argument that the Second applied only to the federal enclave: DC, and then

2. McDonald -- venue Chicago -- affirms that the Second is "incorporated" to the states via the 14th;


that said, we turn to the question of what falls under the purview of the Second.   the previous post covers this, Scalia having written, that to be consistent with the earlier decision in Miller -- everything that is in common use -- is protected under the Second.


now it would seem judge Young has challenged these concepts.  From the article:


“AR-15s and [large capacity magazines] are most useful in military service, they are beyond the scope of the Second Amendment ... and may be banned,” Massachusetts District Court Judge William Young wrote in his ruling.



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