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Old April 28, 2009, 08:43 PM   #64
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,624
Originally Posted by Webleymkv
The preferatory clause is simply an explanation of the purpose of the operative clause.
Which was the right of the state to arm a militia and the right of the individual to protect himself personally.

Originally Posted by Webleymkv
Circuit Judge Gould would seem to disagree in his concurring Nordyke opinion.
Again it is dicta and not law. He is free to his opinion which in the issue here IMO he is no better informed than I. However, he is talking about small scale incursions by terrorists and not a conquering large scale invasion from another nation state which is what I thought MP was talking about. In the case of a terrorist the issue is self defense as would apply to a citizen not repelling a foreign army which would be opposed by our own.
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