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"Under the majority's analysis," the dissenters wrote, "a settler's musket, the only weapon he would likely own and bring to militia service, would be most useful in military service — undoubtedly a weapon of war — and therefore not protected by the Second Amendment." Indeed, the dissent goes on, "the ‘most useful in military service' rubric would remove nearly all firearms from Second Amendment protection as nearly all firearms can be useful in military service." Using this standard, the Fourth Circuit could strip the Constitutional protection from nearly any weapon it chooses to.

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