The Right to Bear Arms

Peter M. Jennen

[horsappl]

The Right to Bear Arms

The following excerpts from the Constitution of the United States, I believe, are relevant to the correct interpretation of the 2nd Amendment.

Article I (All legislative Powers)

Section. 8.

The Congress shall have Power To ... provide for the common Defence and general Welfare of the United States;

To raise and support Armies,

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Article. II. (Executive Powers)

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

Articlle. IV

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Amendment II

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.

Breaking Down the Second Amendment

In order to help cut through so much miss-information that abounds about the amendment, we will look at it in four parts:

- First part, the word “regulated”, as defined by Webster’s:

1 a: to govern or direct according to rule

b (1): to bring under the control of law or constituted authority (2): to make regulations for or concerning”

- Second part, indicates the necessity of the first part (well regulated Militia), and defines what it is necessary for, a FREE State. Notice, this is not THE State. This amendment is about securing FREEDOM, not PERSONAL PROPERTY.

- Third part, identifies who and what the amendment gives the right to. The word “Arms”, as defined by Webster’s:

1 a: a means (as a weapon) of offense or defense; especially: firearm

- Fourth part, the word “infringed”, as defined by Webster’s:

1: to encroach upon in a way that violates law or the rights of another

2 obsolete: defeat, frustrate

Conclusion

Looking at the Constitution and understanding the purpose of the Bill of rights to limit governmental (mainly federal) authority, it should be apparent now that the amendment is often miss-construed to apply to other situations such as national defense and hunting. As it is plainly stated in the Constitution, the federal government has the power to raise, arm, and operate an army, navy, and militia.

Just Another Concerned Citizen,

Peter M. Jennen

[Little Ray]

Hell, I can’t afford ammo for a modern tank! What does it cost per shot, $500?
(Checked on some surplus ammo for a 40mm - costs $10 per round if you buy in bulk. No imagine what a 120mm DSFSDU round would cost...)
MIGHT be able to afford a couple of shots with a rocket launcher or bazooka... Some of the old HE or HEAT stuff is pretty cheap.

[TigersEye]

The “and bear arms” part is good too. And clear. We can ‘keep’ them and when necessity arises we can ‘bear’ them. We don’t need permission to deal with threats. I am also very fond of “shall not be infringed.” For goodness sake the meaning of that is so clear any ten year old should be able to understand it with certainty. And I’m sure they would. Only an adult could play such mind games with such precise and efficient phrases.

[horsappl]

Agreed.

[Flag_This]

"followed by: if they can be armed like the military, why not tanks and bazookas...?"

One of the enumerated powers of Congress is to issue "letters of marque and reprisal" to privateers, authorizing them to attack enemy ships. Privateers were privately owned, heavily armed ships - probably one of the most powerful "weapon systems" of the 18th century. So yeah, why not a tank or bazooka, or a heavily armed ship?

[horsappl]

REGULATE
control or maintain the rate or speed of (a machine or process) so that it operates properly: a hormone which regulates metabolism

http://oxforddictionaries.com/definition/english/regulate?q=regulated

Controlled militia or Maintained militia. “Maintained” is the logical usage in the context of the RKBA.

Thanks for pointing that out.

[TurboZamboni]

“You mentioned the Navy, for example, and that we have fewer ships than we did in 1916...We also have fewer horses and bayonets, because the nature of our military’s changed.

We have these things called aircraft carriers, where planes land on them. We have these ships that go underwater, nuclear submarines.”

Barry’s right.I’m becoming a pirate.