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this post was submitted on 24 Feb 2024
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We keep trying, but the courts and legislatures are packed with 2A nutters who believe that "a well regulated militia" means there shouldn't be any restrictions on gun ownership.
To be fair to those legislators, that amendment is fairly clear with its ‘shall not be infringed’ statement. The only way out of that issue is to pass a new amendment invalidating the old one.
Except that's not how it was interpreted until District of Columbia v. Heller in 2008.
Up until then, the right to bear arms was directly connected to the necessity of a well regulated militia. Then the Court reinterpreted it to say that the right is completely unconnected to service in a militia, and now guns are much more difficult to regulate.
Don't fall for the propaganda. The Supreme Court can just make up whatever shit they want. All that matters is who the Justices are.
Those other words must be there by accident.
No, that's not being fair at all. The amendment in full reads:
A full half of that single sentence is talking about "a well regulated militia" being the justification for allowing people to keep arms. There have been decades of flim-flammery ignoring that completely and trying to imply that the intent was to say "Militias are good for national security given how we just went through a rebellion that depended on them. Oh, and on a completely unrelated note, everyone should be allowed to carry portable machine guns and concealed hand-cannons the likes of which were never even imagined in our time."
This is a nutty interpretation.
Obviously the founders meant people should only focus on shall not be infringed /s