From the Heller decision:

Some have made the argument, bordering on the frivolous,
that only those arms in existence in the 18th century
are protected by the Second Amendment. We do not interpret
constitutional rights that way. Just as the First
Amendment protects modern forms of communications,
e.g., Reno v. American Civil Liberties Union, 521 U. S. 844,
849 (1997), and the Fourth Amendment applies to modern
forms of search, e.g., Kyllo v. United States, 533 U. S. 27,
35–36 (2001), the Second Amendment extends, prima
facie, to all instruments that constitute bearable arms,
even those that were not in existence at the time of the


  1. I think the door is open to arguing for the repeal of the MG ban. Scalia sort of said there can be reasonable regulation of dangerous weapons, and makes words about “common use”, but the only reason MGs aren’t in common use by civilians today is that they’ve been heavily regulated for 70+ years and new ones banned for over 20.

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