One of the more ridiculous argument used by anti-Second-Amendment types goeth thusly: “OK, the second amendment gives you the right to bear arms … as defined in 1789. So you can have a musket.”
The idiocy of this argument scarcely needs commenting on. No one would claim the First and Fourth Amendments didn’t apply to computers since computers didn’t exist in 1789. No one would claim Mormons can’t have religious freedom because the LDS church didn’t exist in 1789. And yet this argument has been dragged out from time to time. And a Massachusetts Court gave some credence to that argument:
Enter Jaime Caetano, a Massachusetts woman who had obtained a restraining order against an abusive ex-partner and carried a stun gun for self-protection. When police discovered the weapon in her purse, she was convicted of violating the state’s ban on stun guns. She appealed, contending that the ban violated the Constitution’s right to bear arms. The Massachusetts Supreme Judicial Court ruled against her, declaring that stuns guns were not in existence when the Second Amendment was written.
So how did the Court take to this argument? Very poorly. They rejected it per curiam in scathing terms with Alito and Thomas issuing a concurring opinion. To be clear: they didn’t decide that the stun gun ban is unconstitutional; they simply sent it back to the Supreme Judicial Court with a note saying, “Think harder, Massholes.”
@Popehat "The case is remanded together with a quarter with which the lower court can buy a fucking clue."
— Popehat (@Popehat) March 21, 2016
Again, per curiam, which means the “musket gambit” is so silly, even the liberals on the Court who voted against Heller thought it was a ridiculous argument.
Because … you know … it is a ridiculous argument. It might make for good cheer lines on The Daily Show/Full Frontal/SNL/Real Time. But it won’t hold a thimble of water in a Court.