Gun Control & RKBA
In reply to the discussion: The meaning of the Second Amendment (One Perspective) [View all]hansberrym
(1,571 posts)The "militia purposes only" interpretation is supported by nothing more than a hunch based on an over reading of the preamble.
The RKBA is not qualified in the text of the amendment. Nor does the commentary of Tenche Coxe which speaks of "private" arms support a militia purposes only argument.
Nor would John Adams' mention of private self defense in his often quoted Defense of the Constitutions.
In the VA Militia Act of 1785 the militia west of the Blue Ridge were allowed to keep rifles to fulfill their duty to "keep" arms. It is well lnown that the persons living west of the blue ridge made their living through hunting, and rifles were used for hunting as well as for militia service.
The right to bear arms proposal form the Address of the PA Minority mentions hunting, and hunting is not normally thought of as militia duty so that even the 9th circuit had to admit this proposal was directed at a broad individual right.
The "militia use only" doesn't fly with historical record, nor does it fit with the state court cases concerning state constitutional provisions.