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Old March 18, 2009, 01:06 AM   #8
maestro pistolero
Senior Member
Join Date: August 16, 2007
Posts: 2,148
Scalia changed that and decoupled the prefactory clause form the operative and made the modern call that individual citizens have a RKBA for personal protection unrelated to service in the militia.
Here's what he said:

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause.
(emphasis added)

There is plenty of room for ambiguity here. My read is that he didn't say it WAS detached, he said it may be objected that banning useful military weapons WOULD effectively detach it, and that the individual right would withstand detachment.
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