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Old September 24, 2012, 08:59 PM   #5
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,400
Originally Posted by KyJim
But the states can define who is in the militia (say 18 to 50 years of age) and regulate it. If the 2A is limited to that, it would mean the states would be free to disarm their citizens even if the federal government could not. That seems to be the Posner conclusion and one has to wonder how that will effect any decisions he might make

Even if that were true in theory, with the modern doctrine of Incorporation, it wouldn't be possible.
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