I agree! But one of the more prominent Founding Fathers disagreed!
This is why I find "but the Founding Fathers wanted everyone to be able to own an AR-15" uncompelling. It's fairly clear evidence they thought the First was way less comprehensive than we currently interpret it, yet people interpret the Second the opposite way.
If one is to cite what the Founding Fathers intended as justification for an absolute individual right to bear arms, one must confront the fact that they clearly didn't consider the fairly simply written First Amendment to be absolute. That points to an attitude of "well obviously we're not gonna be stupid about it" for other amendments introduced at the same time... like the Second.
If they felt the Alien and Sedition Acts complied with the First Amendment, I think it's reasonable to believe they'd consider the assault weapons ban to comply with the Second.
Given Jefferson's remarks to Abigail Adams after pardoning everyone ever prosecuted under them, I don't know how you can draw that conclusion:
"I do not know who was the particular wretch alluded to: but I discharged every person under punishment or prosecution under the Sedition law, because I considered & now consider that law to be a nullity as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image; and that it was as much my duty to arrest it’s execution in every stage, as it would have been to have rescued from the fiery furnace those who should have been cast into it for refusing to worship their image."
Seems the Founders did not all support that viewpoint.
> Seems the Founders did not all support that viewpoint.
That’s fair! But also a challenge for guessing their intents with the Second.
(Notably, one of them is still on the books. Jefferson didn’t repeal. He had a personal dislike of Adams for quite some time.)
What they’d think of today’s weaponry would probably vary somewhat. The Scalias, Alitos, and Thomases of the Court would rather not confront that. They seem certain of their crystal balls.
That is why originalists advocate the use of original public meaning, not original intent. The meaning of a law when passed as understood by a reasonable person of the era, not the intent or understanding of those who passed it.
If you read Scalia's book, he goes into great detail about this but it boils down to a) you can't read minds as a judge and b) different people voted to pass the law for different reasons, so which ones are valid?
> I suppose the First Amendment is also limited to quill pens and parchment?
The First Amendment, as the Second, was fully intended to have common-sense exceptions.
Shit, John Adams himself signed https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts into law.