The preamble to the Second Amendment mentions service in a militia as a reason citizens have the right to keep and bear arms: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
In his ruling, Benitez builds on the 2008 Supreme Court case D.C. v. Heller. In that landmark case, the Supreme Court held, as Justice Antonin Scalia wrote, that the amendment protects a right to possess a firearm unconnected to military service and that individuals are free to use such weapons for “traditionally lawful purposes, such as self-defense within the home.”
Benitez accepts this individual right, including to own assault weapons, but he adds what he calls “citizen militias” to the mix, which he defines as an “informal assembly of able-bodied, ordinary citizens acting in concert for the security of our nation.” The AR-15, he says, is an “ideal arm” for such purposes.
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