Does the Second Amendment include the right to own Military-type Firearms?

This question arises from time to time in debates on gun control. Recently, the topic was raised in conjunction with a court case “casting doubt” on Maryland’s new assault weapons ban. The Washington Post has the story. An appeals court panel of judges found (2 to 1) that the Maryland law “significantly burdens the exercise of the right to arm oneself at home”.

But proponents of the law argued that the Second Amendment does not include the right to bear the type of arms used in military conflicts. The Maryland Attorney General said: “I think it’s just common sense that the Second Amendment does not give people a right to own military-style assault weapons”. And the lone dissenting judge wrote: “Let’s be real: The assault weapons banned by Maryland’s [law] are exceptionally lethal weapons of war”, and therefore, he concluded, are not protected by the Second Amendment.

Which side is…


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