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Old February 27, 2009, 05:38 PM   #18
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,624
Originally Posted by maestro pistolero
How did they disagree? I don't recall anything in the text of Heller about the rights a of state's to raise militias.
This is what Walter Dellinger said would be todays practical application of the 2A. In other words the 2A (according to Dellinger) protected the states right to raise a militia and arm it if they saw fit. Of course, since there is no militia today it renders the right to keep and bear arms moot if you go along with Mr. Dellinger's reasoning. SCOTUS disagreed fortunately.

So, the antigun strategy was thus: The right to keep and bear arms is predicated on service in the militia. The militia isn't around anymore so there is no right for an individual to keep and bear arms and we may legislate whatever restriction or ban we wish on firearms in the interest of public safety. That is what IMO they disagreed on. Some may articulate it better than I but then I am not anti-gun
"God and the Soldier we adore, in time of trouble but not before. When the danger's past and the wrong been righted, God is forgotten and the Soldier slighted."
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Last edited by Tennessee Gentleman; February 27, 2009 at 05:44 PM.
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