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Old December 31, 2012, 04:47 AM   #73
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Join Date: June 24, 2008
Posts: 2,139
This was clearly addressed by the Supreme Court in DC v. Heller, page 8:

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications,e.g., Reno v. American Civil Liberties Union, 521 U. S. 844,849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27,35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
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