Gokul43201
Staff Emeritus
Science Advisor
Gold Member
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Let me repeat that: "The significance of the militia", was that it was composed of ''civilians primarily, soldiers on occasion.''B. Elliott said:http://caselaw.lp.findlaw.com/data/constitution/amendment02/
It must be interpreted with that end in view.''5 The significance of the militia, the Court continued, was that it was composed of ''civilians primarily, soldiers on occasion.'' It was upon this force that the States could rely for defense and securing of the laws, on a force that ''comprised all males physically capable of acting in concert for the common defense,'' who, ''when called for service . . . were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.
Since this is no longer true. There is no longer a need for individual gun ownership. And since the SA justifies the right by stating the need, there is no longer a valid justification for a right to bear arms. Given that, your conclusion, that:
...is at the very least, poorly constructed.B.Elliott said:The government allows me to have a gun, therefore I do.
The Declaration is not legally binding in any way. If it were, slaves would have been able to sue for rights a long time ago. The Declaration of Independence is merely a symbolic document that mostly went unnoticed from the time of the signing to nearly a century later, when Lincoln said it was something the country ought to strive to follow.B. Elliott said:How is it not really giving me any rights?
Blind assumption is useless.drankin said:We all have the right to own firearms, including handguns in our home. This was always assumed and now affirmed.
I'm sorry you are unable to see the problems with the construction of the Second Amendment, and choose to think it obviously gives you a right to carry arms. That is just patently false. It is far from obvious and has been debated endlessly by legal and Constitutional experts as well as the courts. Your own link to the caselaw annotation on the Second Amendment starts with the following sentence.B. Elliott said:I fully agree. I also wish those who choose not to carry a firearm would quit trying to have the Constitution reconstructed and therefore my gun-carrying right stripped from me. It is a futile attempt. If they do not agree with the Constitution, they can leave the country.
So stop the dishonesty.In spite of extensive recent discussion and much legislative action with respect to regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms, there is no definitive resolution by the courts of just what right the Second Amendment protects.
Incidentally, the first people that disagreed with the Constitution, were the framers of the Bill of Rights - Madison, Jefferson, Henry, Mason and others. They are the first people you'd have "leave the country".
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