• Neuromancer@lemm.eeM
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    1 year ago

    4th isn’t requiring the weapon to be used in a militia. Not sure how you came to that conclusion. The court clearly explains that a sawed off shotgun was not used in a militia, as an explanation of why it’s not protected by the 2nd. Basically militias had never issued them before (later; it was brought up this was incorrect and sawed off shotguns were used in ww1). It doesn’t require the use in a militia but that it’s a weapon of war.

    We’ve had a standing army for most of our history which is why we have the 2nd. It’s to keep the army in check. The founding fathers were very clear as to the purpose the 2nd.