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this post was submitted on 09 Nov 2024
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He's not wrong, exactly. The second amendment doesn't say "keep and bear some kinds of arms", it just says "keep and bear arms".
It also says "a well-regulated militia", but that's a separate issue. The Heller decision's torture of the text was absurd. Limiting the rights of the people unconnected with a militia does not inhibit a well-regulated militia.
Yeah, but it was also written at a time when the most advanced armaments available were bolt-action rifles. The idea that civilians could own and fire 1000+ round-per-minute machine guns in their backyard was unimaginable back then.
2A needs to be updated. The times have changed. Arms have changed.
Actually, according to Wikipedia, "The first bolt-action rifle was produced in 1824" so that's decades after the second amendment was ratified.
Dang, I didn't wanna say "musket" because I thought that was too old, but maybe those were still in use at the time. So even a BAR is more modern than what Madison could've had in mind.
Smoothbore musket was the standard issue firearm during that period, with a smattering of rifled muzzleloaders as well.