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Old January 23, 2013, 12:05 PM   #1
JimDandy
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Join Date: August 8, 2012
Posts: 2,427
Heller + Miller = Ban on AR-15's and Semi-Auto pistols unconstitutional?

AS Heller v. District of Columbia held the militia clause was preamble and not a requisite meaning the RKBA is an individual right-

AND the weapons protected under United States v. Miller held the 2nd protects those weapons suitable for militia use

AND Heller v. District of Columbia held that the weapons suitable for militia service were those in common use at the time-

THEN couldn't one argue the organizations most similar to the Militias in operation at the time of the Framers are the civilian police forces? These forces are generally responsible to state and local oversight, but control can be taken by federal agencies. (though the how would have to be filled in by a lawyer, all I know is that Seattle and Oakland have both had the threat of such action hanging over their heads recently if not others). A state and local organization, with training, and bearing arms that can be subsumed by the federal government, and often is temporarily for such events as say... a state visit by the President of the United States?

And if that can be successfully argued the weapons used by the assorted police forces are all but immune from banning legislations?
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