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Originally Posted by zxcvbob
USSC has already addressed that at least somewhat in the 1936 Miller decision -- military weapons are the MOST protected and subject to the least restrictions, not the most restriction. That is what the prefatory clause is all about.
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But if you read the full majority decision for
Heller (both the actual holding and the
dicta), you'll see that Justice Scalia argues right around a right to keep and bear "military" weapons and turns it into a right to keep and bear those "civilian" (non-military) weapons in common use. And he specifically states that this (in his opinion) is not contrary to
Miller.