The Firing Line Forums - View Single Post - Would a state militia 2nd Amendment interpretation by SCOTUS undermine federal gun laws?

LogicMan · November 29, 2017, 12:49 AM

So I was pondering, but we all know how the gun controllers all claim that the 2nd Amendment was written to protect a right of states to possess state militias to check a federal tyranny, and not an individual right. So my question is, if the SCOTUS was to rule that way at some future point, what would be to stop a state like Texas say from creating a "Texas State Militia" and making it where aside from meeting a few requirements, anyone could join, and then as a member of the Texas State Militia, you could own any and all firearms you wished, up to and including automatic fire weapons, sawed-off shotguns, etc...without any permission from the Federal government.

How could the Federal government interfere with such a thing when the SCOTUS, in this hypothetical, had ruled that the 2nd Amendment protects a right of states to maintain militias to check a federal tyranny? I mean it would seem pretty odd to claim that the states have such a right, but then claim that the very Federal government they can maintain a militia to check against has the power to dictate how that militia is armed.

So would such a ruling basically undo federal gun control laws?

November 29, 2017, 12:49 AM	#1
LogicMan Senior Member Join Date: January 16, 2013 Posts: 280	Would a state militia 2nd Amendment interpretation by SCOTUS undermine federal gun laws? So I was pondering, but we all know how the gun controllers all claim that the 2nd Amendment was written to protect a right of states to possess state militias to check a federal tyranny, and not an individual right. So my question is, if the SCOTUS was to rule that way at some future point, what would be to stop a state like Texas say from creating a "Texas State Militia" and making it where aside from meeting a few requirements, anyone could join, and then as a member of the Texas State Militia, you could own any and all firearms you wished, up to and including automatic fire weapons, sawed-off shotguns, etc...without any permission from the Federal government. How could the Federal government interfere with such a thing when the SCOTUS, in this hypothetical, had ruled that the 2nd Amendment protects a right of states to maintain militias to check a federal tyranny? I mean it would seem pretty odd to claim that the states have such a right, but then claim that the very Federal government they can maintain a militia to check against has the power to dictate how that militia is armed. So would such a ruling basically undo federal gun control laws?