When they say that the second amendment only applies to muskets, ask them if the 1st amendment only applies forms of communication available at the time of ratification. Here is Scalia's wording from Heller: Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.