Does the 2nd protect access to weapons of war? That’s not the question.

M14 Shooter

The Light of Truth
Sep 26, 2007
37,840
10,935
1,340
Bridge, USS Enterprise
There’s -no- question that the 2nd Amendment protects the right of the people to own/use weapons of war – the well-regulated militia would be useless if the only weapons the people could own were unsuitable for service in said militia.
The question, then, is -- which weapons of war -does- the 2nd protect?

In Miller, the USSC held that to be protected by the 2nd, a firearm must be “in common use” as “part of the ordinary military equipment” which has some “reasonable relationship to the preservation of the well-regulated militia’.
Heller adjusted this to hold that “in common use” refers to firearms in private hands and in common use among the general citizenry, not sitting in the armories of the US military.
Caetano established threshold for “common use” at 200,00 units in private hands – and, arguably, suggested this number could be as small as 20,000.

With this in mind…
Which weapons of war does the 2nd protect access to, and why?
Which weapons of war does it not protect access to, and why?
 
A point of clarification if I may.....Militia units out in the hinterlands in the 1700s brought their own guns, powder, and ball.

In my ancestor's case they met/drilled at a small churchyard. The county supplied a small powder/lead allotment to each member.

They never had an armory where guns/powder/ball was stored.....That was more for large towns/cities at the time.

IMHO that reinforces the common use aspect as today's militia sport mostly AR-15s that they own/feed themselves.
 

Forum List

Back
Top