Gun Control & RKBA
In reply to the discussion: Fewer guns mean fewer killings. We want a handgun ban. [View all]tortoise1956
(671 posts)By two leading constitutional scholars of the 19th century - Joseph Story (who served on the Supreme Court for 24 years) and William Rawle:
http://press-pubs.uchicago.edu/founders/documents/amendIIs10.html
http://press-pubs.uchicago.edu/founders/print_documents/amendIIs9.html
In these writings, they both stress that the 2nd amendment describes a right of the people, and is not limited to militia members.
The brilliant legal minds you talk of did not even consider these in their decision, mainly because they contradicted the "Collective Right" theory that they ascribed to. However, the plain truth is that two of the most brilliant legal minds of the early years of our country, both stated that this is an individual right that is not limited by the militia clause.
In any event, thanks for an enjoyable debate on teh subject. While we may never agree on this, it is important that it be discussed in a rational manner.