Scalia's Critical Error As The 2nd
Amendment Literally Requires Military
Weapons Ownership by Citizens

“We conclude … that the banned assault weapons and large-capacity magazines are not protected by the Second Amendment,” Bill Clinton nominee and 4th Circuit Court of Appeals Judge Robert King wrote in the opinion to Kolbe v. Hogan, a challenge to the State of Maryland’s “assault weapons” ban. “That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ ‘M-16 rifles’—‘weapons that are most useful in military service’—which the Heller Court singled out as being beyond the Second Amendment's reach.

“Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage,” he disingenuously whined.

And all the Supreme Court had to do to let this logically and legally indefensible position prevail was … nothing. SCOTUS refused to take the case for reasons that would certainly have included tripping all over its own contradictions.

What the antis disparage as “weapons of war” are precisely what “We the People” are entitled to have. That’s why the militia was deemed “necessary to the security of a free State” by the Founders. And Judge King would not have needed to “extend” anything. US v. Miller, the “landmark” case from 1939, already observed a weapon would need to have “some reasonable relationship to the preservation or efficiency of a well regulated militia [or] that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.”

Gun owners can thank supposed “originalist” Justice Antonin Scalia for perpetuating and solidifying the “confusion,” although it’s fair to suspect his motives were more deliberate than speculative. .....