The Second Amendment - obsolete and in need of reform

Author: IwantRooseveltagain

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Athias
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@IwantRooseveltagain
Derailing? Is that a French term? I can recommend some books on the constitution if you don’t know where to look.
Not interested.

I’ll give you a hint - there are three prominent Virginians who were anti-Federalist who insisted on a Bill of Rights in order to ratify.
Good night, sir.
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@Athias
Good night, sir.
If you can’t sleep, try reading the Federalist Papers. You will be better prepared to discuss what the Framers where thinking, saying and trying to do when they debated and wrote the constitution.
badger
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@Athias
Actually it is different.
Nope.

 it's not even close.

I don't know, dude. Looks close to me. 
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@badger
Nope.
Yes it is.


I don't know, dude. Looks close to me. 
What looks "close" to you?

badger
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Yes it is.
Really don't think so, friend.

What looks "close" to you?
You want me to count up the numbers? We're both eyeballing here. 

IwantRooseveltagain
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The Congress (i.e. Federal Government) shall have the power:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress
     - From Article 1 Section 8 of the Constitution 

Obviously this stipulates that the militia will get its arms from the Federal Government and in fact each state had its own armory for storage of these arms.

Anyone who has visited Independence Hall would learn that on the second floor was an armory where muskets, pikes and swords were kept for the local militia. We also may recall that the Brown Bess muskets carried by the militia and minutemen during early revolutionary war times were supplied by the British Crown. This demonstrates a history of how militias operated and were financed.

So anyone who thinks the “Well Regulated Militia” from the Second Amendment was some kind of sovereign state army who all owned their own guns and arms and it was designed to guard against a tyrannical Federal Government would be sadly mistaken. Some anti-federalists objected to the power of the Federal government to control the state militias, but having militias was preferable to having standing Federal armies at the time. And since the purpose of the militia was National Defense it only made sense for the National government to have authority over the various state militias. This point was well argued by Alexander Hamilton in Federalist 29 (#35 in the original publication)

So as I stated before, the second amendment was designed to prevent states from banning citizens from keeping and bearing arms (notice the word own or possess was not used) The Federal government was responsible for providing the arms and the Federal Government was responsible for setting the standards for training and discipline in the various state militias. The 2A had nothing to do with an individual right to own guns for self defense or to protect against the tyranny of the Federal Government, unless it’s considered in the context of helping to render standing armies unnecessary.

Over many years, thanks to the ignorance of average Americans combined with the gutless acquiescence of politicians and Supreme Court justices, this right to gun ownership, including military style weapons, has morphed from something completely different from what the founders and framers had intended to do.
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I don't much feel like engaging the topic, as I'd have to either research and think well out my posts,
or
Search through the folder where I saved my DDO debates, for my debate on guns in America.

I do feel like posting the links to a couple of parody videos though.
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@IwantRooseveltagain
The Second Amendment reads as follows: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

From these words it should be clear that the original intent of the Second Amendment was to ensure that no State passed a law to prohibit the people from owning guns, because that would impede the ability of states to form and maintain militias for the purpose of defending the new country that the Constitution was creating. Because the United States didn’t have, and didn’t want at the time, a standing army (or navy) , militias - that is, well regulated militias, were needed to provide a defense against attack, invasion, and civil unrest.
Weird considering how Article II Section 2 of the Constitution says this: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” If they didn’t want a standing army, they would’ve written it in the Constitution.

You’ll recall that President George Washington requested and led the militias sent by several states to put down the Whiskey Rebellion in western Pennsylvania.
Which he had the right to do. To declare war and raise a federal army, Congressional approval was needed. Which sounds easier to you? This action has no reflection on the 2nd Amendment

The 2A was never about an individual right to own firearms for self defense or to defend against a tyrannical federal government. That idea was created out of thin air by the Supreme Court in the 2008 DC v. Heller decision. This decision was very ironic coming from the strict constructionist and textualist wing of the court. 
This is demonstrably false. For example the PA Declaration of Rights in 1776 states this: “That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.”

The 2A as written is firmly obsolete, much like the third amendment prohibiting the quartering of troops in peoples’ houses. The reason of course is that we don’t have well regulated militias anymore.
If you’re denying militias don’t exist, you’re wrong.

We have standing armies (and a Navy and Air Force) that makes militias a thing of the past. To make matters worse, guns have become a scourge in America with their numbers exceeding the number of citizens, and were used in the death of nearly 50,000 Americans annually.
A large portion of which were because of suicide, which is a mental health problem.

That is according to the most recent data from the Center for Disease Control, which tracks the number of gun related deaths including suicides, which accounts for approximately half of all gun deaths in the country.
Suicides aren’t a gun problem, they’re a mental health problem. Fix the depression issues, not guns.

Perhaps even worse than the number of gun deaths in this country is the fact that guns are the leading cause of death for children in this country. More than car accidents, or drownings, illness or disease. That is a pretty high price to pay for a right that fundamentally doesn’t exist or offer much of a benefit to society. The ownership of weapons of war makes no sense even in the context of the recently invented right to self defense from the Heller decision.
Car accidents account for most deaths of teenagers. Should cars be banned? As I stated, there is historical pretext for Heller.

Nobody needs an assault weapon with a 30 round magazine to defend themselves or their homes.
Maybe. Maybe not. But they definitely need it in case of governmental tyranny. If the founders didn’t own guns themselves, you think they would’ve been able to fight the British?

But the proliferation of these kinds of firearms has resulted in mass shootings becoming a common event in the United States in this century and resulting in the deaths of hundreds of people each year in completely random acts of violence.
Mass shootings are tragic. No one denies that. But what about the other side of the coin. Guns being used to save lives? Like the gentleman in the mall? If he didn’t have his gun, how many would’ve died. Bad guys will always get guns. Good guys are what matter

The 2A needs to be amended, spelling out exactly what should be allowed and for what purpose. 
Fine with me. To prevent people like you from the purposeful misrepresentation of it.
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Bad guys will always get guns. 
This is a spectacularly unimaginative gotcha. There's 50 countries with strict gun laws and pretty much zero gun presence. I think it's a 5 year minimum sentence over here for getting caught with an unlicensed firearm. That will get rid of guns. It's not like the drug trade. First of all, there's serious manufacturing in guns. You're not cooking up AR-15's in a camper van Walter White style. Second, you shoot it once and everyone knows you have it. Where's the market there? The only problem in gun control is taking guns from gun crazy Americans.
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@TWS1405
More than that, in order to form a militia for the very purpose history proved effective, citizens needed to be in possession of their own arms.
Been looking for this... Can you please point to me where in the constitution, the federalist papers, or anywhere else the framers discussed this?
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@Double_R
More than that, in order to form a militia for the very purpose history proved effective, citizens needed to be in possession of their own arms.
Been looking for this... Can you please point to me where in the constitution, the federalist papers, or anywhere else the framers discussed this?
It's called commonsense. One simply cannot gather the town's citizens and ask them to join the militia if they have no weapons to fight with. 
The government doesn't have a mass stockpile of 100, 200 or even 300 million weapons to just give to citizens they call to serve in the militia, now does it!
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@IwantRooseveltagain
It guarantees rights, not grants rights where the BOR are concerned. 

No LCpl, if that where true, where did the rights come from that the BOR guarantees?  There is no real distinction between granting and guaranteeing when it comes to the BOR.



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@ILikePie5
Weird considering how Article II Section 2 of the Constitution says this: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” If they didn’t want a standing army, they would’ve written it in the Constitution.
Ok, not knowing how the Founders and Framers felt about standing armies in that period of time is like not knowing that they drew their S like an F in those times.

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@ILikePie5
Which he had the right to do. To declare war and raise a federal army, Congressional approval was needed. Which sounds easier to you? This action has no reflection on the 2nd Amendment
Washington leading several state militias against the Whiskey Rebellion shows how the state militias were controlled by the Federal government. That was my point and why I included that historical fact. 

This is demonstrably false. For example the PA Declaration of Rights in 1776 states this: “That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.
The 2A is part of the Federal Constitution. How is the PA Declaration of Rights relevant? However, your quote from the PA Constitution does offer support that the Founders didn’t want a standing army in Peace time which you seemed skeptical of in an earlier comment.
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@IwantRooseveltagain
Ok, not knowing how the Founders and Framers felt about standing armies in that period of time is like not knowing that they drew their S like an F in those times.
Sure, which is why they put the 2 year limit on it. But my point still stands. Congress had the authority to raise non-militia forces. Therefore this statement by you: 

Because the United States didn’t have, and didn’t want at the time, a standing army (or navy) , militias - that is, well regulated militias, were needed to provide a defense against attack, invasion, and civil unrest. You’ll recall that President George Washington requested and led the militias sent by several states to put down the Whiskey Rebellion in western Pennsylvania.
Is false. Congress had the authority to raise an army albeit funded for only 2 years. If they didn’t want a standing army, they could’ve said that, yet they purposefully wrote the ability of the government to maintain a standing army for 2 years at a time. There’s a reason why the government is forced to pass a National Defense Authorization Act every fiscal year. They are constitutionally required to replenish funds every 2 years.
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@ILikePie5
If you’re denying militias don’t exist, you’re wrong.
Oh really? You mean like the Proud Boys and the 3 Percenters? Those idiots are not a Well Regulated Militia.

A large portion of which were because of suicide, which is a mental health problem.
Yes, that’s what I wrote earlier. But to not ban assault weapons because it won’t do much to prevent suicides is not the kind of thing reasonable adults do.
And the only time Republicans say they care about mental health is when they are using it to deflect away the need for sensible gun laws.
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@IwantRooseveltagain
Washington leading several state militias against the Whiskey Rebellion shows how the state militias were controlled by the Federal government. That was my point and why I included that historical fact. 
Sure. He also had the option of asking Congress to raise an army for him, which you conveniently omitted. Whether they would’ve agreed or not is a different question.

The 2A is part of the Federal Constitution. How is the PA Declaration of Rights relevant? However, your quote from the PA Constitution does offer support that the Founders didn’t want a standing army in Peace time which you seemed skeptical of in an earlier comment.
My citation of the PA DoR was in response to your notion that the concept of firearms for the use of self defense was made out of thin air in DC v Heller. It clearly was not. The sentiment was found in colonial America as well. Funny enough, the same representatives that wrote the PA DoR negotiated and voted on the Federsl constitution 
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@IwantRooseveltagain
Oh really? You mean like the Proud Boys and the 3 Percenters? Those idiots are not a Well Regulated Militia.
Irrelevant and frankly a misinterpretation of well-regulated. Well-regulated during colonial American meant well-maintained. I digress though. There are various lawful militias.

Yes, that’s what I wrote earlier. But to not ban assault weapons because it won’t do much to prevent suicides is not the kind of thing reasonable adults do.
If you cared about gun deaths, you’d advocate for the banning of handguns since they form a vast majority of gun deaths. From my perspective it’s an emotional argument, not an argument grounded in facts. If your goal was to protect lives you’d be arguing to ban all or guns or at the very least handguns, not the relatively minor problem of “assault weapons” (which don’t even have a definition lol).

And the only time Republicans say they care about mental health is when they are using it to deflect away the need for sensible gun laws.
That’s a red herring. Society has become soft. If our ancestors that found in WWI and WWII looked at us right now they’d laugh because of all the pronouns and deterioration of nuclear families.
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@ILikePie5
Suicides aren’t a gun problem, they’re a mental health problem. Fix the depression issues, not guns.
That’s also incorrect. Suicide is often an impulse that will  pass if given enough time. An hour, a day, a bad night. If the person in crisis could get past that brief period of extreme sadness or loss of hope or will to live, without accessing a gun, they would likely go on to live - with the right support. But having guns around just reduces the time and opportunity a person has to get the treatment or support they desperately need.
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@IwantRooseveltagain
That’s also incorrect. Suicide is often an impulse that will  pass if given enough time. An hour, a day, a bad night. If the person in crisis could get past that brief period of extreme sadness or loss of hope or will to live, without accessing a gun, they would likely go on to live - with the right support. But having guns around just reduces the time and opportunity a person has to get the treatment or support they desperately need.

 It takes longer to go buy a gun than it takes to overdose, hang yourself, slit your wrists, etc. Either way, a gun is a tool, not inherently good or bad. The user is responsible. It’s just like Tylenol. It can be good, but it can also be bad.
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@ILikePie5
Car accidents account for most deaths of teenagers. Should cars be banned? As I stated, there is historical pretext for Heller.
We need cars for our society to function. We definitely do not need assault weapons and as I said there is nothing in the 2A that guarantees an individual right to own assault weapons. It’s idiotic and it’s definitely not what the Founders intended as I have shown before.

Maybe. Maybe not. But they definitely need it in case of governmental tyranny. If the founders didn’t own guns themselves, you think they would’ve been able to fight the British?
No, definitely not. If you need a 30 round magazine to defend yourself you must be a really poor shooter. I suggest practice. Most of the Founders didn’t fight in the War and the guns they had to start the Revolution were provided by the British Crown, the very government they were rebelling against. We had decades where nobody had assault weapons. They just came into common use in the last three decades. When I was a kid in the 70s it was unheard of to own such a weapon yet somehow nobody cared even though the M-16 was being used in the last years of Vietnam.

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@ILikePie5
It takes longer to go buy a gun than it takes to overdose, hang yourself, slit your wrists, etc. Either way, a gun is a tool, not inherently good or bad. The user is responsible. It’s just like Tylenol. It can be good, but it can also be bad.
Well they don’t have to go buy a gun because there is likely one lying around nearby, either it’s their own gun or a family member or a friend. All those other things you mentioned are less likely to result in the suicidal person being successful in taking their own life. But my argument is to ban assault weapons because they are so deadly in mass shootings and there is no good reason for an ordinary citizen to own one. Preventing suicides in America is another battle for another day. If we don’t have the common sense to ban assault weapons then we deserve what we get. A society where crazy people, of all ages take a weapon of war and indiscriminately gun down a bunch of innocent people, including children. All for what, so some loser can feel like a man with a big dick because the rest of his life is so pathetic. 
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@TWS1405
It's called commonsense. One simply cannot gather the town's citizens and ask them to join the militia if they have no weapons to fight with. 
The government doesn't have a mass stockpile of 100, 200 or even 300 million weapons to just give to citizens they call to serve in the militia, now does it!
You are the last person who should be exclaiming the virtues of common sense (two words not one as you wrote) since you appear to be lacking in this department.

If you knew history, visited a museum or two, gone to some historical sites you would know that the arms for militias were most commonly provided by the government in colonial times. The government absolutely did have stockpiles of arms to give (issue) to citizens who were part of a WELL REGULATED MILITIA. 

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@ILikePie5
Sure. He also  had the option of asking Congress to raise an army for him, which you conveniently omitted. Whether they would’ve agreed or not is a different question.
I omitted it because it is a ridiculous idea. How long would it take to raise an army, train and equip it? How long should these enlistments be for to put down the rebellion? And why do you think this is a valid point worth making here?


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@ILikePie5
they could’ve said that, yet they purposefully wrote the ability of the government to maintain a standing army for 2 years at a time. There’s a reason why the government is forced to pass a National Defense Authorization Act every fiscal year. They are constitutionally required to replenish funds every 2 years.
This is nonsense. Do you think the “National Defense Authorization Act” was a law made by the Constitution in 1787? That really doesn’t sound like language from the Constitution.

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@ILikePie5
Irrelevant and frankly a misinterpretation of well-regulated. Well-regulated during colonial American meant well-maintained. I digress though. There are various lawful militias.
Well it’s easy to see why you are a Trump supporter. You are not bright. Well regulated was explained in the Federalist Papers by Alexander Hamilton.

It meant organized, standardized, trained, with officers chosen by the states they come from. And they were equipped by the Federal Government and fell under their control. What militias exists today, and if you say the National Guard I’m going to laugh at you.

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@ILikePie5
If you cared about gun deaths, you’d advocate for the banning of handguns since they form a vast majority of gun deaths. From my perspective it’s an emotional argument, not an argument grounded in facts. If your goal was to protect lives you’d be arguing to ban all or guns or at the very least handguns, not the relatively minor problem of “assault weapons” (which don’t even have a definition lol).
They form a vast majority? Is that right? Assault weapons are a minor problem? Is that right? You should tell that to the parents of all those children. You probably thought Covid was a minor problem too. Lol You’re so funny, like the village idiot speaking at the town council.

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@ILikePie5
That’s a red herring. Society has become soft. If our ancestors that found in WWI and WWII looked at us right now they’d laugh because of all the pronouns and deterioration of nuclear families.
Tell me what makes you so much tougher than the rest of Society.

They’d definitely laugh at the idiots who voted for Trump. Guys like you.

Didn’t Trump dodge the draft for the Viet Nam war by pretending to have a bone spur and getting a phony doctors note from one of his Dad’s tenants?
What a real man he is. Right? You are so wise to support him. He was going to make America white again!
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@ILikePie5
My citation of the PA DoR was in response to your notion that the concept of firearms for the use of self defense was made out of thin air in DC v Heller. It clearly was not. The sentiment was found in colonial America as well. Funny enough, the same representatives that wrote the PA DoR negotiated and voted on the Federsl constitution 
Not the concept, but the constitutional right was made out of thin air. It simply isn’t there in the words of the Second Amendment the way it appears to be in the PA version. Did the Supreme Court cite the PA DOR in the Heller decision? I’m guessing no and I’m pretty sure you have no idea. Did you also know that justice Scalia wrote in Heller the Federal Government absolutely has the right to restrict which  type of  guns citizens can own and the places they can be carried?
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@IwantRooseveltagain
We need cars for our society to function. We definitely do not need assault weapons and as I said there is nothing in the 2A that guarantees an individual right to own assault weapons.
Society can function just as fine with walking and horse drawn carriages. It had been happening for decades. You can’t blame a tool for the mistakes of the operator. Technology is neither good nor evil.

It’s idiotic and it’s definitely not what the Founders intended as I have shown before.
I proved that is false based on the sentiments in colonial America, specifically the PA DoR. Try again.

Well they don’t have to go buy a gun because there is likely one lying around nearby, either it’s their own gun or a family member or a friend.
And how many OTC drugs are available? How many knives are available? How many poisons are available? There are far more of those lying around. If you banned guns, deaths would still happen because news flash: there’s more than one way to commit suicide.

All those other things you mentioned are less likely to result in the suicidal person being successful in taking their own life.
Not really. Taking 10x prescribed drugs, slitting your wrists, hanging yourself can be just as effective. Hell jumping off a 16 story building would do it.

But my argument is to ban assault weapons because they are so deadly in mass shootings and there is no good reason for an ordinary citizen to own one.
There’s a wonderful reason and that’s prevent the government from tyranny. We’ve seen throughout history what tyrannical regimes have done: take guns from their citizens.

Preventing suicides in America is another battle for another day. If we don’t have the common sense to ban assault weapons then we deserve what we get. A society where crazy people, of all ages take a weapon of war and indiscriminately gun down a bunch of innocent people, including children. All for what, so some loser can feel like a man with a big dick because the rest of his life is so pathetic.
Or it’s a necessity to take down feral pigs, go hunting. I’ve seen an AR used for home protection before. You’ve probably never heard of it because the media doesn’t bother talking about the good actions.

I omitted it because it is a ridiculous idea. How long would it take to raise an army, train and equip it? How long should these enlistments be for to put down the rebellion? And why do you think this is a valid point worth making here?
Because you’re claiming that the Founders didn’t want standing armies. If they didn’t, they wouldn’t allow for it to happen in the Constitution.

This is nonsense. Do you think the “National Defense Authorization Act” was a law made by the Constitution in 1787? That really doesn’t sound like language from the Constitution.
The names may have changed, but Article I Section 8 of the Constitution requires passage every 2 years for an army. Maybe read the Constitution?

They form a vast majority? Is that right? Assault weapons are a minor problem? Is that right?
Relatively, yes. Any objective individual could see handguns are a bigger problem than “assault weapons.”

You should tell that to the parents of all those children.
How about you talk to every family that has lost a member due to handgun violence and explain to them that they’re irrelevant. It’s a two way street dude. Emotional arguments don’t work.

You probably thought Covid was a minor problem too. Lol You’re so funny, like the village idiot speaking at the town council.
Lmao, you’re the only who lacks fundamental understanding of the Constitution. Keep yapping.

Tell me what makes you so much tougher than the rest of Society.
What? You’re really arguing that society was less full of babies in the past decades than today?

They’d definitely laugh at the idiots who voted for Trump. Guys like you.
Seniors voted heavily for Trump. Young people voted heavily for Biden. Try again.

Didn’t Trump dodge the draft for the Viet Nam war by pretending to have a bone spur and getting a phony doctors note from one of his Dad’s tenants?
Irrelevant.

What a real man he is. Right? You are so wise to support him. He was going to make America white again!
Wow, you sure got me 

Not the concept, but the constitutional right was made out of thin air. It simply isn’t there in the words of the Second Amendment the way it appears to be in the PA version.
But the fundamentals remained the same. Guns weren’t owned by the government, they were owned by the people. Hell there were private cannon ships. It was obviously intended to encompass that.

Did the Supreme Court cite the PA DOR in the Heller decision? I’m guessing no and I’m pretty sure you have no idea.
I’m reasonably confident that it’s in one of the briefs for the case.

Did you also know that justice Scalia wrote in Heller the Federal Government absolutely has the right to restrict which  type of  guns citizens can own and the places they can be carried?
Sure. Key idea is federal government. Heller came because of DC laws. Chicago v McDonald incorporated it to the states.

Anyways, it’s clear to me you do not know, or care about American history or the constitution enough to talk about the 2nd Amendment. I was not going to post, but your idiocy made me. I luckily have better things to do. Good bye.