3. Freedom isn't more powerful than fear. That's the problem: Fear is powerful enou...

Freedom isn't more powerful than fear. That's the problem: Fear is powerful enough to induce people to try and deny hundreds of thousands of Americans their constitutional rights and due process.

These magazines and weapons are already lawful and already possessed widely by responsible citizens, therefore a ban on them is completely unlike a ban on "dangerous and unusual weapons".

This is circular. They're only lawful because of the way the 2nd Amendment was interpreted.

Constitutional rights are enshrined with the scope they were understood to have when the people adopted them But as we have said, the conception of the militia at the time of the Second Amendment ’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.

While I disagree with contextualism/originalism as a legal philosophy, the interpretation you espoused doesn't even support your thesis.

Let's say I accept the premise that rights are based on how they were understood at the time and then accept your explanation of said understanding. So the right is available to "the body of all citizens capable of military service". Does that bar the elderly and infirm? Does that allow minors who would have been drafted into the militia in the 18th century? And they "would bring the sorts of lawful weapons that they possessed at home to militia duty." Lawful in what time period? At ratification automatic weapons weren't contemplated. Alternatively, since it doesn't define what lawful weapons are (which almost definitely would not have included assault weapons), there's no reason to think laws can't prescribe the kinds of guns people are allowed to own at home. And if this is premised on ownership at home, well, limitations on where you can bring the guns on a regular basis or on carrying concealed weapons in public don't interfere with that at all!

So I guess what I'm saying is, even granting your interpretation of the 2nd Amendment, everything would be cool as long as healthy people above the age of 13 (approximately) are allowed to keep some kind of guns at home and bring them to militia duty should that situation ever arise. Current law and proposed law both satisfy that.

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