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Originally Posted by maestro pistolero
Last time I checked, the first clause still precedes the second. NOT unconnected. NO.
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I can only refer you back to the case and the holding that said they were unconnected. Scalia is clear on that I believe.
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Originally Posted by maestro pistolero
No reading of that paragraph can conclude he is referring to small arms.
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I think he is talking about ALL modern weapon developments. Small arms includes a lot of stuff, not just M-16s. Further, I think Scalia makes it clear that in 1789 the weapons mostly used by the military were the same as those used by private citizens. That is not the case today for the most part.
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Originally Posted by maestro pistolero
How people miss the forest for the trees on this point eludes me: It is the ABILITY AND MEANS TO RAISE A MILITIA, NOT necessarily the militia itself that is preserved in the amendment.
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Because we read history and see what the militia was. I don't think you do. You look at some commentary from the time and conclude that the individual in some libertarian sense apart from any government or law is the militia. That is not what it was and not what the founders intended it to be. It is the ability of the STATE to raise and arm the militia that the founders protected NOT the "Right" of individuals on their own to form armed militias as they saw fit. That is what the modern militia movement believes and they are wrong. In fact the states that prohibit such "militias" in law and those laws withstand court scrutiny show that to be true.
If you try to argue in court that you need access to all types of military weapons to be able to overthrow a "perceived tryanncial" government as part of some self designated "miltia" then I think that argument would and should fail miserably.
The STATE miltia was the bulwark against tyranny and the STATES did away with them because they were no longer needed. You say dormant and I say dead in either case it is not around and since the unorganized militia gives the individual no rights, duties or responsibilities then I can see it as a dead letter unless and until a state calls it up which they will not so it is dead right NOW. Since the NG has fulfilled the need the militia as it was in 1789 is no more and will never be again IMO.
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Originally Posted by maestro pistolero
Anyone who thinks that scenario is impossible ignores world history at the future's peril.
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TEOTWAWKI! It isn't going to happen Maestro and if it does the COTUS won't mean anything anyway.
BTW I just read
Patriots by some guy named James Rawles since so many on here believe in the END. What a kooky book! I really liked the cannibal gangs that were also communists! Oh my goodness this guy was FUNNY. How some can read that bilge and believe it is scary. Those are the miltia folks. Also, if we keep talking about militias it may be time to post my famous pic of the modern miltia!
