Can someone help me out here?

Which logical fallacy would the following fall under......

The spirit of the second amendment was for people to have muskets not machine guns.

Well the spirit of the first amendment was for newspaper not the internet. In both cases they do the same as the original, just faster and better.

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You are assuming that there is indeed a logical fallacy, just to prove a point. You "know" there's a fallacy, you're just not sure what it is. What you're doing is a logical fallacy in itself. You're doing the same as the theists that "know" there's a god, but are trying to find an excuse/justification for XYZ, just to make their beliefs "fit".

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