If at least one state had a
legitimate militia, and insisted that it's weapons be up to the task, i.e. equal to military small arms, wouldn't that be all the standing we should need? If it's already an individual right, the biggest question remaining would seem to be: a right to keep and bear what, where, and when.
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The counter attack can only occur after the damage is done
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True. And the damage HAS been done at the state level. And the painstaking road to counter attack has begun, and seems to have incorporation via the 14th as a starting point.