What is the scope of the RKBA?

Discussion in 'Gun Control' started by Galileo, Feb 23, 2021.

  1. Galileo

    Galileo Well-Known Member

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    How is the scope of the RKBA deyermined? Is it determined by a plain text reading of the Second Amendment? Apparently not, according to Heller which placed much more weight on federal gun laws that have been passed since the 1930s. But that logic is circular: because the federal government decided to ban "dangerous and unusual" firearms it is constitutional to do so. Because the federal government decided to prohibit felons from owning guns it is constitutional to do so. But "A well-regulated militia being necessary to security of a free state" (words which are actually in the Second Amendment) can not determine the scope. Yup, that's Scalia's "originalism" for you.
     
    Last edited: Feb 23, 2021

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