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Old March 23, 2013, 04:45 PM   #36
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 9,728
Originally Posted by elDiabloLoco
If I were practiced and educated and licensed I might have more swiftly directed the argument back to the more relevant point that I sought to make. The Peril of Scalia lies in defining "in common use at the time". That seems to be carefully unexplored brand-new territory. In common use BY WHOM? Granny at the retirement village in Florida? [I would expect that to be the position of the Grabberz.]
If you read the majority opinion in Heller carefully, it pretty much appears that Mr. Scalia bent over backwards to separate the RKBA from service in a/the militia. He wrote in more than one place that the core right protected by the 2A is the right to keep and bear arms for self-defense.

If the right is individual self-defense, then analysis of what firearms are in common use would have to take into account the firearms chosen by individuals for self-defense. And those are overwhelmingly semi-automatic pistols with "high" capacity feeding devices, and AR-15 pattern rifles with 30-round magazines.
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