I did not get excited by this 2-1 decision holding that California's ban on sales of long guns and semiautomatic weapons of all types because of the unwritten rule of the 9th Circuit: any recognition of gun rights triggers an en banc rehearing. But now I see a reason to get excited:
Militia members had to show up for militia duty with their own arms.[14] When militia members were "called for service th[ey] . . . were expected to appear bearing arms supplied by themselves and of the kind in common use at the time." United States v. Miller, 307 U.S. 174, 179 (1939). Colonial governments even supplied arms to citizens too poor to purchase them, requiring them, for example, to pay back the government or work off their debt.[15]
[15] See Clayton E. Cramer, Colonial Firearm Regulation, 16 J. Firearms & Pub. Pol'y 3, 24 (2004).
Which is of course behind a paywall. But also here.
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