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Old September 24, 2012, 07:55 PM   #4
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
Quote:
Historically, it makes no sense to argue that the RKBA was at that time intended to prevent disarming the militia, because at the time the militia was every able-bodied male. So by Posner arguing that the original intent was to prevent disarming the militia, he is in fact arguing that the original intent was to not disarm the populace.

I can live with that.
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.
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