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November 29, 2017, 12:49 AM | #1 |
Senior Member
Join Date: January 16, 2013
Posts: 280
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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? |
November 29, 2017, 01:13 AM | #2 |
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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We're not going down that rabbit hole.
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