Eugene Volokh has some thoughts on that Ninth Circuit decision. Not bad; this is more of a start. However, he fails to recognize that the states prrrrobably have the right to change their definition of militia with the times. He also doesn’t touch the question of what “bear arms” means. I’d really like to see someone quoting a contemporary usage of “bear arms” outside the military context.
While I’m on the subject, here’s a Volokh article in the National Review. It doesn’t really address the Ninth Circuit decision, but it does have intelligent things to say about evolving standards. How Appealing comments on the article, somewhat snidely. Well, OK, it’s just a comment on the timeline.
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