@parados,
parados wrote:So, now you are saying the weapons should only be ones used by a militia?
It is a reasonable inference to say that possession of those weapons (useful in service to militia)
are the ones immunized from government interference, inasmuch as the amendment
says that because private militia ("well regulated militia") are necessary
to the security of a free state (meaning its citizens, not its government)
the right to keep and bear such weapons shall not be infringed.
For instance, I have witnessed a chair being used as a weapon.
Possession of chairs is not immunized by the 2nd Amendment.
Bear in mind: in the 1700s, there were
NO police in the USA, nor in England.
Self defense was a very individual matter and your life depended on it.
It was a criminal offense, subject to a fine, if u failed to follow
the hue and cry; that means that if one of your nabors called out
in distress that his sheep had been stolen, u were legally obligated
to join him and others in chasing down the perpetrator, armed with your own weapons.
U were also duty bound to show up for militia duty with your own
guns and ammunition, at your own expense, at designated times.
This was a serious matter, because sometimes thay had to fight for their lives.
parados wrote:You have lost me here David.
OK; we 'll straighten it out.
parados wrote:Did Miller refer to weapons suitable for use by the military and therefor suitable for a militia?
Yes; as to what arms the people have rights to keep and bear,
the US Supreme Court said in
US v. MILLER 3O7 US 174 (1939)
that they should be "ordinary military equipment ...
AYMETTE v. STATE
2 Hump. [21 Tenn] 154, 158."
The
AYMETTE case, which the Supreme Court approvingly adopted declares:
"the arms, the right to keep which is secured,
are such
as are usually employed in civilized warfare, and that
constitute
ordinary military equipment.
If the citizens have these arms in their hands, they are prepared
in the best possible manner to repel any encroachments on their rights."
[All emphasis has been added by David.]
parados wrote:Do you think banning weapons based on their military usage is calling it an individual right?
Yes; it immunized from interference a citizen's personal possession
of anti-personnel weapons, such as are of value to militia.
Don 't lose sight of the 1700s context of not only no telephones for 911,
but also
no existing police in the USA (nor in England) until the next century.
Each citizen was his own
de facto police force.
With luck, u might be able to rouse some help from nabors; maybe.
(Neither Kitty Genovese in NY nor Reginald Denny in L.A. were that lucky.
Thay both suffered permanent personal injuries.)