2nd Amendment article discussion from Home page

[Tim Singleton]

http://bulletin.accurateshooter.com/2013/11/guns-ammo-editor-fired-for-undercutting-second-amendment/

This really made me think a little.
A well (regulated) militia is discussed in the write up. Stating the use of this word during revolution war dispatches in the context of a well regulated militia. is a militia that is well trained and ready.

In the framers mind's then did they intend the states should have an armed well trained militia force in place to protect themselves from the threats they knew could come from a government against its own people

“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.”

 

[Tim Singleton]

Current US code definition of militia

(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 members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

 

[jonbearman]

That is a vague definition sort of if you ask me because the person's writing the newer law knew that so they could argue it meant retired armed service member's not the average joe on the street.

 

[newgun]

That is vague because in the days of the militias if you didn't show up to drill you got a hefty fine. It didn't mater who you were if you could walk you better be their. All were needed and welcome.

 

[Exercion]

Something else many people miss about both the 2nd and the Constitution as a whole: words, and spelling mean things. The actual text says:

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.

Note the capitalization of "State". This is not an error, nor an insignificant point. The Constitution was written, as the preamble says "in order to form a more perfect union". Now, union between who? The States, each of which is a sovereign entity unto itself, and who were forming a union to perform certain functions, and ceding specific and limited powers to the Federal government. One power not designated to the Federal Government was one to have a permanent Army, thus the need to raise them and continually vote each two years to support them, the idea being they would only be raised when needed. Contrast this to Article 8 which requires Congress to maintain a Navy. Why the difference? Armies can be used to oppress and subjugate the people to tyranny, while navies, especially back then cannot.

So what does this have to do with the 2nd? The writers were concerned with the security and freedom of the individual States, which begs the question of freedom from what or who? The only logical answer is that these people, who just won a revolution which was launched by people using private weapons, were worried that the proposed Federal Government would oppress the people and States. Thus the two steps: denying a permanent military to the central government and ensuring that the people retain the right to the possession of Arms, without limitation.

Further proof that the individual was not restricted in choice of Arms is easily found by looking at another power of Congress: "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;" The interesting part here being the letters of marque clause. This enables a private citizen owned vessel to act asa naval vessel in time of war and attack the enemy. Now, the only way this could work is if your ship was armed with cannons and other guns, the same way naval vessels were. Note it does not say anywhere that once you had your letter you could arm your ship with military grade weapons, it just lets your already armed ship conduct operations without being considered a pirate.

Eric

Eric