Via How Appealing: the Ninth Circuit today concluded that the Second Amendment confers no individual right to own and carry arms. (That link is a PDF.) I recommend reading the opinion if you’re interested in such things. I suspect the language and arguments presented therein will be core to the gun control debate for some time, at least for those who are pro-gun control.
The argument seems to rest on the meaning of the phrase “keep and bear arms.” Judge Reinhardt’s opinion states that “bear arms” is a phrase used, historically, only in a military context. Quoting Aymette v. State, 21 Tenn. (2 Humph.) 154 (1840): “A man in pursuit of deer, elk and buffaloes might carry his rifle every day for forty years, and yet it would never be said of him that he had borne arms.” Given that interpretation, he further reasons that the phrase would be nonsensical if the phrase “keep arms” had a wider interpretation than the phrase “bear arms.”
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