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View Diary: States rights (135 comments)

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  •  You mean MALES have an individual right (none)
    Leaving aside the issue of whether it makes any sense to look to statutes to interpret the constitution (which seems to get it backward), your definition gives women no right to bear arms. That would sure beat an interpretation that gives everyone a right to bear arms!
    •  Technically true. (none)
      Technically that is true (at least until the Equal Rights Amendment is finally ratified).

      One can also read that since women are not specifically mentioned that they are simply not members of the militia. If one believes in the collective interpretation of the Second Amendment, then yes females have no right to bear arms. If one follows the individual rights interpretation, then females are certainly able to own firearms, they are simply not militia members.

      It is not unusual for women to be placed in a weird status with arms, militia and military service. Women are still not allowed to be in active infantry combat. The ERA would likely automatically change that as well.

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