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NOTE! This is a real-time comments system. As such, it's also a free speech zone within guidelines set forth on the Post Comments page. Opinions expressed here may or may not reflect those of KeepAndBearArms staff, members, or any other living person besides the one who posted them. Please keep that in mind. We ask that all who post comments assure that they adhere to our Inclusion Policy, but there's a bad apple in every bunch, and we have no control over bigots and other small-minded people.  Thank you. --KeepAndBearArms.com

The Below Comments Relate to this Newslink:

VA: Let's see what Justice Antonin Scalia said about assault weapons
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

There are 2 comments on this story
Post Comments | Read Comments

 
It’s easy for Charles Thomas to take shots at me for things I didn’t say. I did NOT say, as he suggests, that the Second Amendment protects only the use of firearms in existence in the 18th century. I said, as did Justice Antonin Scalia in District of Columbia v. Heller, that the Second Amendment protects only the sorts of weapons in common use when the Second Amendment was adopted.
 

Comment by: xqqme (2/13/2020)
Those who cite dicta from a SCOTUS decision fail to also mention that those comments from the Justice(s) are not actually binding precedent, as they did not address the core question at issue, which is whether the specific restrictions in the D.C. code were at odds with the Constitutional Right to Keep and Bear Arms of the Second Amendment.
.
Those issues are arguments for another day... another case, where pleadings can be made and evidence presented.
.
SCOTUS rulings are VERY, VERY, NARROW in almost all cases, and the Heller decision is not exception.
 

Comment by: PHORTO (2/13/2020)
Okay, let's!!!

"Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35-36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." D.C. v. Heller (2008)
 

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