Thread: Well Regulated
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Old February 8, 2013, 03:19 PM   #31
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,781
Quote:
United States v. Miller, 307 U. S. 174, does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.
I would agree with this statement IF Gura's qualifying clause of (essentially) "in common use or WOULD BE in common use had they not been banned."

There are very, very few weapons that would not meet the "Common Use" criteria under "Gura's Clause". Certainly all "small arms" of every type would be in common use, were they legal... they were until 1986.
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