Federal appeals court says assault rifles are ‘weapons of war’ not protected by Second Amendment

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SharpDog

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http://www.nydailynews.com/news/nat...les-not-protected-amendment-article-1.2979133

But, in Miller, the SCOTUS said a member of the unorganized militia, when called to service, must appear with a weapon of his own procurement and of the type in common use at the time. It was referring to military use, not 18th century re-enactment use. The case centered on whether a short barreled shotgun was a valid militia weapon and the government chose someone unlikely to (and did not) participate in their defense, so only the government was heard.
 
This decision is more than a year old. Not news.

Scalia's dicta in the Heller case are being used to support "assault weapon" bans, even though such weapons are conceded to be militarily useful. This stands the original intent of the 2nd Amendment on its head.

The Miller case really can no longer be cited as good law.
 
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