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2nd Amendment: Militia= The National Guard? email this discussion to a friend?

myLot reputation of 60/100. ParaTed2k (4586)   ranked 403 out of 6,369 in politics1 year ago

I've heard this stated many times by people who don't support our right to bear arms, It has even been the decision of courts in our history. However, I wonder if anyone who agrees can actually explain or defend it?

If the 2nd amendment only means the right of the National Guard to keep and bear arms, does that mean I (and all other National Guardsmen) have the right to own weapons but no one else does?

It can't mean that our right to bear arms only goes as far as being issued a weapon while carrying out specific duties, since that is a duty, not a right.

So, I'm asking those of you who believe the 2nd Amendment's reference to a "well regulated militia" only applies to the National Guard, what right does that enumerate to National Guardsmen that it doesn't to any other citizen?

 
 
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tags:  national guard, gun, weapon, constitution, right
 
1. myLot reputation of 92/100. Transdisc (18489)   ranked 51 out of 6,369 in politics   1 year ago

Hello ParaTed2k

I wasn't going to respond to you because I am not one who supports the notion that the right to bear arms refers only to a well regulated militia. However, having that point of view does support the reality that currently our right to bear arms has been taken away from us.

You've given me an idea for another discussion I've been thinking about for about a week. Thanks.

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2. myLot reputation of 74/100. bobmnu (2651)   ranked 189 out of 6,369 in politics   1 year ago

There is an excellent article by David E. Vandercoy and published in the Valparaiso Univ. Law Review (1994).

http://www.guncite.com/journals/vandhist.html

It traces the right to bear arms back to King Alfred (871 to 901 A.D) of England.

The amendment is as follows

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

Many legal scholars point to the fact that the "the right of the people to keep[ and bear Arms" is separated by commas and is a separate statement. The people do not have to be members of the militia. The Bill of Rights is a document that gives rights to the people and not the state. It is not a State Militia but a Militia of the people.


myLot reputation of 51/100. Taskr36 (4601)   ranked 398 out of 6,369 in politics  1 year ago

Thanks Bob, that was exactly what I was going to point out. It's actually the precise argument I used on the debate team back when I was in high school and we were debating a bill on the right to bear arms.

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3. myLot reputation of 84/100. CarlKnittel (362)   ranked 251 out of 6,369 in politics   1 year ago

"the right of the people" appears in several amendments. It has always been accepted to mean an individual right of the citizen. As to militia, it includes the whole people, except a few public officials. That was the written opinion of the founding fathers who wrote this amendment.


myLot reputation of 60/100. ParaTed2k (4586)   ranked 403 out of 6,369 in politics  1 year ago

Yet another example of something the Founding Fathers made clear, but courts and "judges" can't seem to understand.


myLot reputation of 84/100. CarlKnittel (362)   ranked 251 out of 6,369 in politics  1 year ago

Actually, the supreme court, despite some liberal leanings, has consistently subscribed to this point of view in every decision it has mad on the subject. The only decision with any advantage to the anti gunners was when they decided the 2nd amendment only applied to legitimate military arms and allowed a sawed off shotgun to be outlawed. In this case the defendants fled the country and, having no client, the defense could make no argument. Had he made an argument no arms could be blocked.

Short barreled shotguns show up in military and police circles as trench guns, tunnel guns, riot guns and street sweepers. The derringer and Saturday night special arguments die on the "freedom gun" commissioned by the US military in WWII and made from spare parts. It had a 2.5 inch smooth bore barrel, no safty and was designed in a way to make it cheap and disposable. It would fall apart and be useless with in the first dozen shots because it wasn't made for durability. The war dept designed it, commissioned thousands, purchased them and delivered them to the field of battle. Virtually every other firearm design know has been used in some form or another by militaries and therefore all are protected under the second amendment according to this decision. Only politicians and lower courts have ever tried to undermine the second amendment and none of those laws or decisions has ever been upheld in the supreme court.
Recent decisions based on international laws when the constitution didn't give a justice what he wanted imply that it is possible this will change but even in their most recent decision a few months ago they failed to uphold gun control laws.

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