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this post was submitted on 09 May 2024
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Against the Constitution, so no, they cannot. It would require amending the Constitution first.
The Constitution says nothing about AR weaponry. It actually doesn't even say every single person should be allowed to purchase and keep a firearm
"Bear Arms" is simply too vague. I feel like I should be able to have a SAM installation according to that.
The "well-regulated militia" part afterwards isn't vague, but gets ignored by self-proclaimed "originalists".
That is because the "well regulated militia" part is neither the subject of the sentence, nor a qualifier for the rest of the sentence. It's pretty straight forward English sentence structure. It explains a primary reason why the individual right to keep and bear arms "shall not be infringed" is important, and like a comment line in computer code it doesn't "do" anything to the rest of the program.
The federalist papers and the militia acts back up that "originalist" interpretation.
Correct that it isn't vague. It means "well functioning" as they would have used it. A contemporary would have said a clock that keeps time accurately is "well-regulated". It doesn't refer to bureaucratic regulation in the slightest, as you can compare how those topics were talked about in the same documents of the constitutional convention and the Federalist Papers etc. and the verbiage used is completely different.
People in those days used flowery language such as Washington's quote "Let us raise a standard to which the wise and honest can repair." He isn't talking about wrenching a bicycle.
It also takes deliberate ignorance to read a list of 10 individual rights and construe that one in particular is somehow collectivized and handcuffed by a footnote about its justification.