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Old March 1, 2013, 04:44 PM   #37
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,557
Originally Posted by SCOTUS
Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997) , and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001) , the Second Amendment extends, prima facie,to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
Equally important to this discussion is the underlined part. SCOTUS says that the 2A wasn't frozen at the point of ratification, any more than the 1A was. The next time someone says "the 2A meant muskets," tell 'em that SCOTUS called that argument "bordering on frivolous."
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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