General Discussion
In reply to the discussion: 3 people were killed at a UPS today. 13 killed in last 72 hours. WHY do we have [View all]mr_lebowski
(33,643 posts)The Collective interpretation was considered 'settled law' til the NRA started backing challenges to it in the 1960's.
For example, one of the most prominent cases in the 1930's wrt the 2A was a matter wherein a state prosecuted someone for possessing a sawed-off shotgun, the ownership of which was banned, probably because they were a favorite tool of the Al Capone types of the world at the time. I could look up the case name but don't really feel like it, you're likely familiar anyways.
So, the argument against guilt was along the lines of 'the 2A doesn't allow the State to ban sawed-off shotgun ownership', but the State (forget which one ... Illinois maybe?) argued that it did, on grounds that a sawed-off shotgun was not a militarily useful type of firearm, hence NOT suitable for usage in the man's function as part of the 'militia' as enumerated in the 2A. Therefore they COULD be banned. And the State ... WON.
I may have some details wrong but that was the gist. IOW, the 'militia' aspect of the 2A was very much a part of the calculus in prosecutions, court decisions, and creation of laws around gun ownership, pretty much throughout our history ... until fairly recently.
Pretty sure that 1930's decision I refer to was considered precedent-setting ... but then cases that cropped up in the 60's, backed by the NRA ... who wanted (in order to make the gun mfg's more blood money) a decision re: the 2nd saying it grants an individual right to gun ownership ... and it took them until Heller in 2008 to actually do so ... this is my understanding anyway.