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Reply #131: Not so much [View All]

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Home » Discuss » Topic Forums » Guns Donate to DU
jgraz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-18-07 06:15 PM
Response to Reply #127
131. Not so much
From http://www.asahi-net.or.jp/~zj5j-gttl/guns.htm

Throughout the history of the USA, many Court decisions have limited the right to keep and bear arms. The Miller case in the early 20th century limited the right to own certain classes of weapons. More recently, we have the following from the United States Court of Appeals, Sixth Circuit, which indicates that the clause about "a well regulated militia" does not mean that the average citizen is part of that militia: "Since the Second Amendment right 'to keep and bear arms' applies only to the right of the state to maintain a militia, and not to the individual's right to bear arms, there can be no serious claim to any express constitutional right of an individual to possess a firearm." (Stevens v. U.S., United States Court of Appeals, Sixth Circuit, 1971).

A similar ruling from the Seventh Circuit held that "Construing according to its plain meaning, it seems clear that the right to bear arms is inextricably connected to the preservation of a militia . . . We conclude that the right to keep and bear handguns is not guaranteed by the Second Amendment." (Quilici v. Village of Morton Grove, U.S. Court of Appeals, Seventh Circuit, 1982).

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