[Tennessee Gentleman]

Originally Posted by maestro pistolero

Note that Scalia did not say that 2A right was detached from the prefatory clause.

But here he says:

But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right

which indicates to me that

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

the right is detached from the militia purpose. Therefore you cannot claim a right to own an unregistered FA apart from the militia (or within it for that matter since it is dead)

Originally Posted by maestro pistolero

What are the sophisticated arms he is talking about here? Certainly, FA, which has been around for a very long time is not even slightly sophisticated compared to tanks, and fighter jets.

Tanks have been around almost 100 years. Jets about 65 years. So how long they have been around means nothing. Scalia is setting up the test of "in common use for law abiding purposes" pertaining to civilian self defense and he is ruling out the private ownership without regulation of military weapons not in common use by civilians. Many have speculated that had he allowed a way to overturn the NFA, he would have lost Kennedy. Stevens in his dissent takes issue with the "in common use" argument but not to our benefit and he lost.

Originally Posted by maestro pistolero

But the Hughs amendment which closes the registration on an item that is required to be registered, most of us would agree, is a de-facto ban.

Might work. I have asked before has this amendment been taken before a court. Do you know?

Originally Posted by maestro pistolero

Third, when the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny.

I think if you take another look at Hamilton and Federalist 29:

an argument that Alexander Hamilton made in favor of federal control over the militia.

Hamilton is referring to the state militia since that is all that existed then and which is the only militia the COTUS speaks to. It was the state militias that were to provide the bulwark against tyranny not the lone individual apart from that militia. So, as I said before, you may store your FA in the "militia" armories of the National Guard