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Living By The Gun cont.


This past week, the Supreme Court upheld the part of the American Constitution which states that the “…right of the People to keep and bear arms shall not be infringed” in a landmark decision on “hand guns”.

The decision stems from a case of a Washington DC Security Guard and the Washington DC “ban” on guns.

Tho I see the reasoning behind “shall not be infringed”, I have a problem with how owning a “hand gun” fulfills the preceding part of that Amendment and the statement “A well regulated militia being necessary to the Security of a free State…”.

Do we now consider all that own hand guns members of the “militia” or better yet, National Guard.

3 Comments leave one →
  1. 06/28/2008 8:26 am

    Actually, by virtue of US Code: Title 10, Subtitle A, Part I, Chapter 13, Section 331:

    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.

    So, whether or not you own a firearm of any sort whatsoever is actually immaterial to your being part of the militia.

  2. 06/28/2008 9:06 am

    You are absolutely right in your assertions but the Second Amendment does “tie” the two together as one: “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.”

    These two thoughts are as one not a separated clause by “and the” right…

  3. 06/28/2008 9:17 am

    Since the militia has long – possibly always in the US – been made up of all able-bodied men of fighting age, the 2nd amendment guarantees their right to own the weapons needful for the common defense.

    I do think that recent thought HAS misinterpreted the “right to bear arms” though. It is the “keep” part that the SCOTUS ruling upheld, not the “bear” part, though they cited that portion in their majority opinion – wrongfully in my mind.

    Like it or not our Constitution does protect our right to own firearms, just as it protects our right to free speech and the rights of criminals to legal counsel and a jury trial.

    All rights come fully loaded with their respective weights of responsibility though.

    If you want to, you can go to where I’ve posted about the birthing pains of 2nd Amendment and some of the controversy amongst our founders over its purpose.

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