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| The United States Constitution; Bill of Rights; Article II |
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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.
Before anyone can disect this we need to define a few things. First, the languages is a bit confusing. Many like to key in on the words regulated and Militia. Let me explain my interpretation of those:
"regulated" is a word which could be construed to mean "controlled". I believe by regulated the founding fathers meant the Militia should be armed "enough" to be a threat to the Government. Not regulated BY the government. To suggest the Government should regulate the Militia or the citizen in this aspect would disqualify the intention of the amendment.
"Militia" is a constantly claimed to be the National Guard. While it is in fact true that the National Guard is a part of the Militia there is existing proof that just about every citizen is a member of the the Militia. Don't believe me? The intent of this amendment was to arm the citizens and put the Government in check. The right to self defense was even more clearly laid out in quotes of the founding fathers who authored this amendment. So how can I prove most people are a member of the Militia this amendment refers to? Existing US Code:
United States Code (USC)
TITLE 10--ARMED FORCES
Section 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are commissioned officers of the National Guard.
Surprised? Of course, the Anti-gun lobby doesn't want you to know this has been true for over 100 years.
"free State" - Many have construed this to suggest that the bill refers to the States of the Union. This is so false is makes me laugh. The Bill of Rights are for the people (we'll get to that next). Why would you apply all but th Second Amendment to citizens and the Second Amendment to the States only? The "free state", in my opinion, is a State of freedom. Get it? - Freedom from the Government which the founding fathers feared would become overbearing on it's citizens if not threatened by it's citizens.
"the right of the people" - The phrase the people has been scrutinzed and nobody has really ever said that this means each and every citizen in the United Stated. That is, until now. A Federal District Judge in the "Emerson Case" ruled that the Second Amendment is a right of each citizen. A personal right, not a collective right of the states. The best online summary I've found is right here at the Second Amendment Foundation's website (SAF).
"shall not be infringed" - This is the best part of this Amendment. It says that you can not infringe upon my right. It makes laws like Lautenburg a totally unconstitutional violation of rights against law abiding citizens. (The people). Ohio Revised Code 2923.12 is a violation of "shall not be infringed". Backround checks which prevent me from purchasing a gun can be interpreted as infringement. Infringment is a very easily understood word, and many have ignored it to impose unfair gun control (infringement) upon law abiding gun owners.
Before anyone can disect this we need to define a few things. First, the languages is a bit confusing. Many like to key in on the words regulated and Militia. Let me explain my interpretation of those:
"regulated" is a word which could be construed to mean "controlled". I believe by regulated the founding fathers meant the Militia should be armed "enough" to be a threat to the Government. Not regulated BY the government. To suggest the Government should regulate the Militia or the citizen in this aspect would disqualify the intention of the amendment.
"Militia" is a constantly claimed to be the National Guard. While it is in fact true that the National Guard is a part of the Militia there is existing proof that just about every citizen is a member of the the Militia. Don't believe me? The intent of this amendment was to arm the citizens and put the Government in check. The right to self defense was even more clearly laid out in quotes of the founding fathers who authored this amendment. So how can I prove most people are a member of the Militia this amendment refers to? Existing US Code:
United States Code (USC)
TITLE 10--ARMED FORCES
Section 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are commissioned officers of the National Guard.
Surprised? Of course, the Anti-gun lobby doesn't want you to know this has been true for over 100 years.
"free State" - Many have construed this to suggest that the bill refers to the States of the Union. This is so false is makes me laugh. The Bill of Rights are for the people (we'll get to that next). Why would you apply all but th Second Amendment to citizens and the Second Amendment to the States only? The "free state", in my opinion, is a State of freedom. Get it? - Freedom from the Government which the founding fathers feared would become overbearing on it's citizens if not threatened by it's citizens.
"the right of the people" - The phrase the people has been scrutinzed and nobody has really ever said that this means each and every citizen in the United Stated. That is, until now. A Federal District Judge in the "Emerson Case" ruled that the Second Amendment is a right of each citizen. A personal right, not a collective right of the states. The best online summary I've found is right here at the Second Amendment Foundation's website (SAF).
"shall not be infringed" - This is the best part of this Amendment. It says that you can not infringe upon my right. It makes laws like Lautenburg a totally unconstitutional violation of rights against law abiding citizens. (The people). Ohio Revised Code 2923.12 is a violation of "shall not be infringed". Backround checks which prevent me from purchasing a gun can be interpreted as infringement. Infringment is a very easily understood word, and many have ignored it to impose unfair gun control (infringement) upon law abiding gun owners.
YES
NO
Article Id: 4 - Version: 1 - Created: 16-11-2002 - Last Updated: 30-11-1999 - Hits: 5774