RE: The 2nd Amendment (Full Version)

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celticlord2112 -> RE: The 2nd Amendment (6/24/2008 5:48:14 PM)

quote:

But if one grants my point ,and one could hardly make a case for the founding Fathers concieving of assualt rifles,it is therefore not such a leap of faith to believe they might have worded the 2nd differently

They might have.....but they didn't.

Constitutional interpretation is not an exercise in what might have been, but a study of what is--specifically a study of words are in the Constitution, and its Amendments.

The meaning of the words does not alter because some are squicked by the prospect of a 20mm minigun in every home.  The meaning of the words remains regardless of our personal likes and dislikes.




slaveboyforyou -> RE: The 2nd Amendment (6/24/2008 5:55:08 PM)

quote:

this argument is logic allowed to rear it's ugly head can't safeguards be put in place that would render a good number of these weapons inoperable if not in the hands of their legal owners...yes the technology is there but the NRA will have none of it...so legal guns wind up in the hands of schoolchildren to use on other schoolchildren....but the second ammendment says so so ,,,,THIS IS THE ORDER OF THINGS....brilliant
 

The technology is not there.  In order to make the firearms you are describing, you have to incorporate electronics into them.  The only example I have seen is a firearm that incorporates a radio transmitter that reacts with a ring worn by the shooter.  Well you run into a lot of problems there.  First off, you run the risk of the technology failing when a weapon is needed most.  Secondly, it would not stop people from using the firearm.  Devices like that are easily removable.  Thirdly, you would make firearms cost prohibitive for people with low incomes.  Lastly, it's completely pointless.

The largest mass murders that have ever taken place have been caused by arsonists.  All you need to kill a bunch of people is a can of gasoline and a box of matches.  Firearms are a scapegoat for alarmists and opportunists that want to push their agendas on the rest of us. 




Alumbrado -> RE: The 2nd Amendment (6/24/2008 6:03:17 PM)

And those who are willing to give up liberty for the illusion of safety.

I think Representative Henry Waxman said it best....  'I believe in individual rights, buuuuuut..... one of those things could go right through a limousine!'.[;)]




jlf1961 -> RE: The 2nd Amendment (6/24/2008 6:06:56 PM)

quote:

ORIGINAL: Vaughner

Also the National Guard is not a Militia
The militia in the time of the Constitution's writing was every able-bodied male between the ages of 17 and 45.  The National Guard is a military reserve operated by the States, for the purpose of law enforcement, emergency and home defense.  Now there is some overlap but what differentiates the two?  The National Guard is at the disposal of the President to be regularized into military service and deployed out of the country.  A militia is a home gaurd force of local citizens.


Actually, it takes congressional action to release the National Guard to the President, until then it is under the direct control of the Governor of the state.  This came about during the early days of the civil war, there was no legal way for state sponsered units to be placed under the command of the united states army or the President of the United States.

Following that, there is still, in many states, an unpaid militia, using weapons they supply, as well as equipment.  Again, these units are under the control of the state governor.


quote:

ORIGINAL: Vaughner
It also annoys me all of the coversations about .50 caliber firearms.  The most common ones out there are the .50BMG, .50AE, and .500 S&W Magnum.  The most well known of these would likely be the .50AE as its principle firearm the Desert Eagle is commonly used it hollywood.  Why? Because it looks mean and sounds loud.  The problem is a Desert Eagle is about a foot long, is very heavy, and has recoil that nothing short of an experienced shooter can handle.  These firearms are not used in crime because of their weight, their impossibility to conceal, and their difficulty to control.  There is a lot of talk and fear about the .50BMG being able to be used to take down aircraft.  Pardon my French but that is Bullshit.  If a .50BMG was sufficient to take out an aircraft, all modern military aircraft like the F-15 Eagle, F-16 Falcon, F/A-18 Eagle, F-22 Raptor, F-35 Lightning-II, AV-8B Harrier, EuroFighter Typhoon, Dassault Rafale, Su-27, Su-30, Su-33, Su-34, and Su-35 would carry a .50BMG machine gun.  But they don't all of them carry guns in the size of 20-30mm.  A 50 caliber bullet simply doesn't have the energy to disable an aircraft even if it hits hydrolics as modern aircraft have multiple redundency in these systems.  What about the fact a .50BMG can hit a target a mile away?  Yeah it can do that, so can a .300 Winchester Magnum a very common hunting round.  If a marksman has the skill to do it with one he can likely do it with another and the WinMag has the advantages of cost, weight, and portability.
quote:



The 12.7 or 50cal round is still an effective anti aircraft round when dealing with aircraft flying ground support ops.  Considering the aircraft has to make a straight in approach to the target, an effective screen can be created.

However, if the aircraft is making a high speed run at altitude, kiss your but good bye.

The primary reason for the change from the 50 to the 20mm and 40mm cannon now mounted on fighters was in response to the need of aircraft flying close support to have the firepower to deal with hardened targets.


quote:

ORIGINAL: Vaughner
To often people forget that what they see in the media is not bound by the contraints of reality.  Anyone ever seen Terminator-2? Remember the scene when Arnold is firing the large minigun down on the cops?  Why has this never happened in real life? Because a minigun is heavy, the one used in T2 is the exact same one used by Jessie Ventura in Predator.  It takes men of that size to heft such a firearm to begin with.  Second when firing actual rounds instead of blanks, the recoil is so intense a person trying to shoot it would literally be spun in circles by it.  And three the gun is electrically operated.  Arnold doesn't move during this scene because he has a powercable running down his leg out of his pants and back to a pile of car batteries.  Why do I bring this up?  Media is not bound by reality, and this is a perfect example.  And to many of those who speak on this subject have too little knowledge of what they are actually talking about.
quote:



Anyone who thinks that someone can stand and fire a hand held minigun is in dire need of a wakeup call.


quote:

ORIGINAL: Vaughner
And for someone who wanted justification on the rational I quote Thomas Jefferson
"We must train and classify the whole of our male citizens, and make military instruction a regular part of collegiate education. We can never be safe till this is done."

"Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."

"The Beauty of the 2nd Amendment is that it will be most needed when an attempt is made to take it."

To quote George Mason
"...to disarm the people - that was the best and most effectual way to enslave them."

The final problem I wan't to address is the idea of gun registration.  Its not a bad idea on its face but the problem is every time it has been brought forth it has lead to eventual confiscation of firearms.

"This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future!"  -Adolph Hitler; 1938 (not 1935 as if often quoted)

Every tyrannical government that has ever set has first diarmed the populace.  Hitler, Stalin/Lennin/Hussein.  But it goes much further back.  Anyone ever seen Braveheart? "The English won't let us train with weapons, so we train with stones." This is an accurate quote.

The problem with registration is that any time it has been practiced it preceeds confiscation.

I'll digress now that everyone reading this probably thinks I'm a NRA Gun Nut (not a member, and just well educated).  America was always meant to be a self-reliant nation.  Ensuring that the common man was armed was a tennent of this goal.  Sadly somewhere along the way much of America has forgotten how to be self-reliant.  So no matter how many good points are made this is an issue that won't go away for some time.

Now I'm not saying that we have an immediate threat of the US Government becoming corrupt, but it doesn't hurt to be prepaired.
I'm not saying I lay awake worrying if someone will break into my home.  But I know the Police Station is 10 minutes away, my pistol is about 8 seconds away.

The 2nd amendment protects the right of indivual citizens, even its location in the document is evidence of this.  The amendments outline the rights of the populace, those things which outline on the powers of the government at federal and state level are spelled out in other portions of the Constitution.

I'm rambling now so I'll close for the time being.


Once the word is announced that the government is planning on declaring martial law, I for one will be disappearing so fast my dust will be the only trace.  There is a wonderful thing about very old jeep cj's, in floor storage.  Most people today have completely forgotten about that old standard.

I admit I am a survivalist.  I have a jeep loaded with three weeks of MRE's, water purification tablets, double jerry can mounts, one with two 10 gallon jerry cans of gas, the other with two ten gallon jerry cans of water.  In the back seat storage is a total of 800 rounds of ammo, 200 each of .45, 7.56mm, 12 guage buck and finally 12 guage deer slugs.

I have the following in a grab bag by the door, an  M1A with scope, a remington 12 guage security special, and next to my bed is a 1911 colt pistol.  I also own a 120 pound draw crossbow.  Everything is ready for a quick load up of the jeep and a bug out.

You see, the 2nd amendment gives me the right to own weapons.  The phrase, "the tree of liberty must sometimes be watered with the blood of patriots." as well as Thomas Jefferson stating, "Any time a government becomes to oppressive it is the sacred duty of the people to stand up against that oppression."

The founding fathers foresaw the possibility of the government they created becoming corrupt and a danger to the people, and they made every possible attempt to keep the power in the hands of the people.

Some people would call me a fanatic, or homegrown terrorist, but the truth is there are more people like me out there than there are people willing to do nothing.

When they take away the 2nd amendment, the rest are not far behind.

When they took away the right to own guns, I said nothing because I did not own a gun.
When they took away the right to speak freely I did nothing because there was nothing I could do.





Daddystouch -> RE: The 2nd Amendment (6/24/2008 6:08:51 PM)

quote:

ORIGINAL: slvemike4u
as to Daddystouch who seems so enamored of the great Thomas Jefferson let us not forget Mr.Jefferson also applauded the French Revolution and all its excesses or his quote that "no society can make a perpetual constitution or even  a perpetual law.The earth belongs to the present generation" nor his espousal of a"revolution every 20 years.He had calculated that"every constitution then, and every law,naturaly expires at the end of 19 years.If it is to be enforced longer,it is an act of force ,and not of right"......


Owner59 asked for references as to the 2A being intended as a provision for allowing the people to defend themselves from government. Thomas Jefferson was a signatory of and key player in the construction of the constitution, was he not?

As I said, if the constitution needs to be changed then change it. The OP is not about gun control, it is about what the 2A means. If what it means is wrong then change it, don't pretend that it means something else.




slvemike4u -> RE: The 2nd Amendment (6/24/2008 6:11:32 PM)

I find it most ironic when post's defending the sanctity of the Constitution resort to Using Jeffersonian quote's ,no man at the time decried the document louder or to such an extent.Now has to the fact that the future NRA members at Columbine used explosives in addition to the (legal) arsenals from home,care to hazard a guess has to which form of mahem resulted in a higher body count...there are so many more rebuttals to make and so little chance of changing one mind ,this is a country for better or for worse steeped in it's love of guns...I will say this though ,considdering the social circles I run in and the few ocassions I have to stroll thru gang territory,I am much more in fear of an NRA member having a bad day than any gangbanger...just my opinion




slvemike4u -> RE: The 2nd Amendment (6/24/2008 6:16:22 PM)

quote:

ORIGINAL: Daddystouch

quote:

ORIGINAL: slvemike4u
as to Daddystouch who seems so enamored of the great Thomas Jefferson let us not forget Mr.Jefferson also applauded the French Revolution and all its excesses or his quote that "no society can make a perpetual constitution or even  a perpetual law.The earth belongs to the present generation" nor his espousal of a"revolution every 20 years.He had calculated that"every constitution then, and every law,naturaly expires at the end of 19 years.If it is to be enforced longer,it is an act of force ,and not of right"......


Owner59 asked for references as to the 2A being intended as a provision for allowing the people to defend themselves from government. Thomas Jefferson was a signatory of and key player in the construction of the constitution, was he not?

As I said, if the constitution needs to be changed then change it. The OP is not about gun control, it is about what the 2A means. If what it means is wrong then change it, don't pretend that it means something else.

The simple answer to your question ,my british friend is NO,Jefferson was not in any way shape or form a proponent of the Constitution,the Constitution was in his opinion the deathknell to the stated goals of the Revolution...and in the end only the political wrangling and machinations of A.Hamilton swayed Jefferson to withdraw his opposition to the document(in return for moving the capitol to it's present location)end of civic lesson




DomAviator -> RE: The 2nd Amendment (6/24/2008 6:19:28 PM)

quote:

ORIGINAL: Vaughner

These firearms are not used in crime because of their weight, their impossibility to conceal, and their difficulty to control.  There is a lot of talk and fear about the .50BMG being able to be used to take down aircraft.  Pardon my French but that is Bullshit.  If a .50BMG was sufficient to take out an aircraft, all modern military aircraft like the F-15 Eagle, F-16 Falcon, F/A-18 Eagle, F-22 Raptor, F-35 Lightning-II, AV-8B Harrier, EuroFighter Typhoon, Dassault Rafale, Su-27, Su-30, Su-33, Su-34, and Su-35 would carry a .50BMG machine gun.  But they don't all of them carry guns in the size of 20-30mm.  A 50 caliber bullet simply doesn't have the energy to disable an aircraft even if it hits hydrolics as modern aircraft have multiple redundency in these systems. 


I speak from experience here as I saw it happen... A military aircraft, in this particular occasion - an A-6E - was taken out by a 3/8" snap on ratchet. Are we contemplating "tool control"? (Well actually we do use too control in aviation but thats another story...) However, you have a hell of a lot better chance of causing a catastropic aircraft accident by throwing a bunch of nuts and bolts out on a runway or taxiway than you do firing a 50 BMG at a plane.

The first night of the 91 gulf war, I picked up over 200 bullet / flak holes in my aircraft - includng a wing through and throuh on the wing the diameter of a 5 gallon bucket. They replaced the skin on that, and fixed the other ones with duct tape and the aircraft went back up within 3 hours. Aircraft are not as fragile as people think. FOD, foreign object debris, is a much bigger threat than somebody firing a 50 cal BMG.

Furthermore, contrary to popular belief a single bullet hole or even multiple holes will not affect cabin pressurization or result in an explosive decompression. Sealed Cabin Systems are only used on space vehicles. The other systems - isobaric and isobaric-differential have dump valves. People dont realize this but in a 737 airliner there is already a hole approx 4" in diameter in the cabin that bleeds off the excess pressure.

Prettyt much the only way to down an aircraft with a firearm would be well placed sniper shots killing both pilots. With an approach speed of 140 kts and a descent rate of 700 fpm on final. - it would be pretty damn near inposible to make that shot. AND you would have to be standing on the runway to make it. The tower would probably put out a NOTAM about a guy with a 7 foot long 30 poumd rifle standing at the threshold. LOL

The "they can down airplanes" nonsesne is simpy fear mongering and hysteria... I had people with armament a hell of  a lot better than a 50BMG firing on, and actually hitting me. Yet I maintained a perfect 1:1 take off to landing ratio. 




celticlord2112 -> RE: The 2nd Amendment (6/24/2008 6:30:38 PM)

quote:

ORIGINAL: slvemike4u

I find it most ironic when post's defending the sanctity of the Constitution resort to Using Jeffersonian quote's ,no man at the time decried the document louder or to such an extent.Now has to the fact that the future NRA members at Columbine used explosives in addition to the (legal) arsenals from home,care to hazard a guess has to which form of mahem resulted in a higher body count...there are so many more rebuttals to make and so little chance of changing one mind ,this is a country for better or for worse steeped in it's love of guns...I will say this though ,considdering the social circles I run in and the few ocassions I have to stroll thru gang territory,I am much more in fear of an NRA member having a bad day than any gangbanger...just my opinion

Columbine was a tragedy.  A tragedy of failed parenting, of failed education. 

Columbine was not a failure of law, nor can it serve as a justification for distorting the 2nd Amendment.  There can be no justification, for there is no room for distortion.

Of the first ten Amendments, collectively known as the Bill of Rights, only the First, Second, Ninth, and Tenth are absolute in their construction and meaning. 

The First preserves the natural rights of free speech, of free assembly, of free exercise of religion, and of the freedom to petition the government for redress of grievance.

The Second preserves the natural right to keep and bear Arms.

The Ninth preserves any rights not otherwise enumerated as inuring to the people.

The Tenth preserves any rights/powers not expressly allocated to the Federal government nor expressly denied state government as inuring to either the states or the people,as may be.

The words "but," "unless," "except for," and similar phrasings which mitigate meaning and intent do not appear in these four amendments.  Such phrasings do appear in middle six Amendments.

There need be no guesswork, no spiritual communing with the ghosts of Madison, et al, to grasp the import of these amendments.  The government of these United States "shall not" infringe or deny any natural rights to any within our borders.

The duty is simple:  Don't do it.

The task is simple:  Stop

The language is simple:  No.  No law.  No policy.  No regulation.  No bureaucracy.  No curtailment of right period.  No.




Vaughner -> RE: The 2nd Amendment (6/24/2008 6:31:10 PM)

Okay you don't want to use Jefferson fair enough here's some more
You can see Jefferson was not the only one who was a proponent of the Arms clause in the constitution.  The final quote is from a different time and place added for flavor.

The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"
-- George Washington

"The great object is, that every man be armed. [...] Every one who is able may have a gun."
-- Patrick Henry, speech of June 14 1788

"The best we can hope for concerning the people at large is that they be properly armed."
-- Alexander Hamilton, The Federalist Papers at 184-188                     

                                                                                                                                      

"Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest."
                                                                                   -- Mahatma Gandhi




slvemike4u -> RE: The 2nd Amendment (6/24/2008 6:51:01 PM)

Again with the Founding Fathers...I take a backseat to few in my admiration and reverence where the Founders are concerned...but 18th century man no matter how perciant could be expected to have the ability to concieve of our present reality..




Daddystouch -> RE: The 2nd Amendment (6/24/2008 6:51:06 PM)

I've already provided several non-Jefferson quotes, and Vaughner has provided more. That aside, even if Jefferson opposed other parts of the constitution he clearly supported the 2A and believed in the people being able to arm themselves to defend against government - and his opinions where echoed by the other founding fathers. It would be highly unlikely, with this in mind, that they wrote a clause that guaranteed the state arms, but not the people. Indeed the very context of the period makes such an occurence unlikely - these men just having fought a war against a tyrannical government (that had not always been tyrannical but that had become so) that, amongst many other things, had sought to deprive them of arms. Why then would they embue government with the ability to possess arms but not the people?

It's also important to remember the language of the day. "Well regulated" today means to be governed by rules, but back then it more generally meant "to run smoothly", like "a well regulated" pocket watch. With this meaning the amendment would essentially mean "A good militia being necessary..."

One can read it another fashion of course. If "well regulated" means restricted in some fashion, and militia means the military apparatus of the state, then "the right of the people to keep and bear arms" is just such a restriction. Or in other words: the people need arms in order to regulate the state.

Furthermore, "milita" at the time meant every adult male. Not the national guard, which did not even exist. But most importantly the first half of the amendmend is not a limitation upon the second. If it read "the right of the militia to keep and bear arms" then that might be something, but it says "the right of the people to keep and bear arms shall not be infringed". To read "the people" to mean "the state" we must surely read "the right of the people peaceably to assemble" as "the right of the state peacably to assemble" which doesn't make much sense. The amendment could read "green cheese being necessary to chop down trees with fish, the right of the people to keep and bear arms shall not be infringed" and it would still mean the same thing

But it seems hopeless to speak of it, the OP clearly stated the topic, and I've reminded you. Yet in your last post you again are arguing that the law is bad. That's not the point. The topic is what the law says, not how good or bad it is.




celticlord2112 -> RE: The 2nd Amendment (6/24/2008 6:55:44 PM)

quote:

ORIGINAL: slvemike4u

Again with the Founding Fathers...I take a backseat to few in my admiration and reverence where the Founders are concerned...but 18th century man no matter how perciant could be expected to have the ability to concieve of our present reality..

They wrote the Constitution.  Their words govern this nation unto this day.

If you don't like the quotes of the Founding Fathers, then dispense with them.  The text of the Constitution stands on its own.  It is the supreme law of this land, and the supreme law of this land says categorically the right to keep and bear arms shall not be infringed.

If you don't like it, persuade a two-thirds majority of your fellow citizens to rewrite the Constitution.  Absent that, the law of this land is we get to keep the guns.  Any guns.  All guns.




slaveboyforyou -> RE: The 2nd Amendment (6/24/2008 7:05:22 PM)

quote:

.but 18th century man no matter how perciant could be expected to have the ability to concieve of our present reality..


Yeah, because the men of the 18th Century were short-sighted retards that couldn't possibly envision technological advancements. [8|]

If we can envision interstellar travel, artificial intelligence, cybernetic medicine, and a host of other technological advancements.....Why do you assume the people living in the 18th Century couldn't envision a time when firearms could be self loading, and fire repeatedly with the pull of a trigger?




Alumbrado -> RE: The 2nd Amendment (6/24/2008 7:07:23 PM)

quote:

ORIGINAL: slvemike4u

Again with the Founding Fathers...I take a backseat to few in my admiration and reverence where the Founders are concerned...but 18th century man no matter how perciant could be expected to have the ability to concieve of our present reality..


Maybe not... but the Framers of the Constitution most certainly did...


And as one of the Founding Fathers, Patrick Henry pointed out, 'You may know the future by looking at the past'.

The present reality is that tyrants, bigots, elitists, and their sycophants are still scared to death of equality and of equalizers.




Alumbrado -> RE: The 2nd Amendment (6/24/2008 7:10:17 PM)

quote:

ORIGINAL: slaveboyforyou

quote:

.but 18th century man no matter how perciant could be expected to have the ability to concieve of our present reality..


Yeah, because the men of the 18th Century were short-sighted retards that couldn't possibly envision technological advancements. [8|]

If we can envision interstellar travel, artificial intelligence, cybernetic medicine, and a host of other technological advancements.....Why do you assume the people living in the 18th Century couldn't envision a time when firearms could be self loading, and fire repeatedly with the pull of a trigger?


Actually, they could have seen that without a crystal ball...

In 1718, James Puckle of London, England, demonstrated his new invention, the "Puckle Gun," a tripod-mounted, single-barreled flintlock gun fitted with a multishot revolving cylinder.
http://www.globalsecurity.org/military/systems/ground/mg.htm




Daddystouch -> RE: The 2nd Amendment (6/24/2008 7:30:03 PM)

Even earlier, from 1339 onwards there was the Ribauldequin:

http://en.wikipedia.org/wiki/Ribauldequin




Arpig -> RE: The 2nd Amendment (6/24/2008 8:42:49 PM)

To return to the original question...what the 2nd amendment means, I always took it to be intended to allow each state to defend itself against the federal Gvt. The "free state" that required the well-regulated militia refers to the individual states. At least that is how it reads to me, other than that, as far as gun-control, I am afraid that CelticLord would seem to have pretty much hit the nail on the head.




DomAviator -> RE: The 2nd Amendment (6/25/2008 4:43:45 AM)

quote:

ORIGINAL: slvemike4u

Again with the Founding Fathers...I take a backseat to few in my admiration and reverence where the Founders are concerned...but 18th century man no matter how perciant could be expected to have the ability to concieve of our present reality..


First of all Mike, this "present reality" thing is not what it appears. An "assault rifle" essentially means a cosmetic look - a black plastic stock does not make a gun more lethal LOL. I own a Ruger Mini-14 which is a semi-automatic .223 (5.56 NATO) rifle. This is not an assualt weapon, because it has a wooden stock and no hand grip above the reciever. I also own a Colt AR-15, im .223 (5.56 NATO) this one IS an assualt rifle because its got a black plastic stock and a hand grip above the reciever. In addition, I LEGALLY (by payment of a $200 transfer tax) own an M-16 which is not just an assault rifle, but since it is select fire (Semi Automatic, Five Round Burst, or Fully Automatic) it is a "machine gun or destructive device". ALL of the above weapons fire the same ammunition and there is no functional difference between being shot by any of them.... In fact, if I shot someone with a .223 round from a $70 single shot rifle you can buy at Walmart they are probably in a world more trouble than somebody facing down an average gangbanger with an "assault rifle". The deadliness of a weapon is not determined by whether the stock is plastic or not, or whether it has a carry grip, or even the magazine size. The lethality is determined by the skill of the shooter. If I need to engage someone with lethal force, the other 28 rounds in the magazine really wont matter because I, by discipline practice and training, fire "double taps" - two rounds into the forehead. The first one will kill, the second is insurance, and the remaining rounds are not fired unless other targets need to be engaged. When hunting, I for the most part, have a "one shot - one kill" track record - including on dangerous game. "Assualt Weapons" are not some dreaded lethal plauge, they are simply sporting arms with black plastic stocks and features making them easy to carry... The real lethality of a weapon is determined by whose hands its in. I have over 100 firearms, not one of which has ever been used in the commission of a crime and only a few of which have ever been fired against humans - and those not by me. (For example, I have in my collection an antique single action Colt, and military weapons that served in various conflicts...) Guns are not dangerous, people are. The people who shouldnt have firearms, are already precluded by law from owning them and they choose to ignore those laws because they are criminals by definition. Ban whatever you want, but if somebody is smuggling drugs, running with a street gang, etc - picking up a weapons charge isnt going to matter.    




TahoeSadist -> RE: The 2nd Amendment (6/25/2008 6:47:32 AM)

quote:

ORIGINAL: pinkieplum


 
We only disagree on one point:  I read the 2nd Amendment as conjunctive; so unless there's a 'Militia' underway, no person is guaranteed a right to bear arms by the Constitutiion.
 
pinkieplum


Thanks for the compliment, pinkie, and I have to disagree with you here, as if you read the dissection of the wording, it removes the possibility of your interpretation. The reason for arming everyone is that the militia (as opposed to government troops) is essential for the security of a free State. Also, there is no such concept as "a militia being underway", the term has a very specific definition but I'll let the men who wrote and debated the Constitution answer that:
George Mason: "I ask you sir, who are the militia? They consist now of the whole people." (Elliott, Debates, 425-426)

James Madison: "As the greatest danger to liberty is from large standing armies, it is best to prevent them by an effectual provision for a good militia." (notes of debates in the 1787 Federal Convention)
Thomas Jefferson: "And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms... The tree of Liberty must be refreshed from time to time, with the blood of patriots and tyrants.", letter to William S. Smith, 1787, in S. Padover (Ed.), Jefferson, On Democracy (1939), p. 20.

Patrick Henry: "The great object is that every man be armed. Everyone who is able might have a gun." 3 Elliot, Debates at 386.


Patrick Henry: "Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense? Where is the difference between having our arms in our possession and under our own direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?, 3 Elliot Debates 168-169.

Alexander Hamilton: "...that standing army can never be formidable (threatening) to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in the use of arms." (Federalist Paper #29)

Rep. Elbridge Gerry of Massachusetts: "Whenever governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." (spoken during floor debate over the Second Amendment, I Annals of Congress at 750, August 17, 1789.)
Tench Coxe: "Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American... [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.", Pennsylvania Gazette, Feb. 20, 1788.


Any further questions??

TS




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