I started, particularly here at the 250th anniversary [of Virginia’s constitution being adopted], by reflecting on sections one, two, and three of the Declaration of Rights, which were adopted at the same time as Section 13.
Reflecting on historical documents during oral arguments.
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All of the Second Amendment case law you’re familiar with, Heller, Bruen, et cetera, Miller, is merely persuasive authority.
One of the things Mason was concerned about, and it came out of the Stuart era that led into the Glorious Revolution and the right to bear arms being broadly spread out, was the Stuarts’ use of select militias.
And famously, Mason said, we are the militia. They are the whole people, and that was never disputed in that time period and the Commonwealth didn’t dispute that.
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