Skip to comments.Supreme Court to decide whether to hear cases regarding right to ‘bear’ arms
Posted on 02/10/2014 6:12:13 PM PST by neverdem
The U.S. Supreme Court is expected to decide this month whether to hear two cases seeking clarification on what the Constitutions framers intended in granting citizens the right to not only own but also bear arms.
Lyle Denniston, a National Constitution Center adviser, writes on the Philadelphia Inquirers website that the National Rifle Association has, of late, brought two cases before the Supreme Court challenging prevailing legal wisdom that while the Second Amendment grants U.S. citizens the right to own or keep arms, that right does not necessarily extend to their ability to bear arms outside of their personal residences.
In one case, rooted in Texas, the NRA is reportedly challenging a state law permitting minors to own guns, but stipulating all the same that they are, in fact, too young to apply for -- and thus possess -- the license necessary to carry them in public...
(Excerpt) Read more at foxnews.com ...
It doesn’t specify where the Right can be observed, because it is a Right. It makes no exceptions, therefore the Right should prevail. If exceptions were intended, the framers would have made them explicit.
In other words they are going to determine if the term “to keep and bear arms” really means to keep and bear arms.
Has the Supreme Court ever gotten a gun case right? I can imagine that the right to “bear” arms will end up meaning that you are allowed to keep them locked in a vault in your basement.
They are trying to affirm the right without repealing any significant legislation like the background checks, AWBs, 1986 Machine Gun ban, 1968 GCA or 1934 NFA.
Yes, but all of that significant legislation ought to be repealed.
Best these things get resolved before the USSC is in complete and absolute control of the left.
They ought to be declared unconstitutional.
With the chain that Obama has around Roberts' sensitive parts it's already too late. The way I see it it's only a matter of time before they toss most of A2 out the window. There's a timetable in place we just don't know the details yet. They might even use a case like this to do it.
I would think the word keep means, well, to keep or posses. The explicit addition of bear I believe means to carry on one’s person or with them in/on a conveyance. It is my belief that background checks and permits are unconstitutional because they infringe on these explicit provisions and protections.
I swear-I see headlines like that and the only thing that comes to mind is a long stream of invectives that would get me banned from FR. I can’t even read the article.....
LOL, I know, but who would be surprised by ANY ruling out of this Supreme Court, after Roberts' betrayal of the Founding on ObamaCare? Yeah, we did have Heller and McDonald, but the Left would LOVE nothing more than the Supreme Court defining away the right to bear arms.
In law interpretation, rule one is look at the text. The 2nd Amendment lists the right to “keep and bear arms.” The common use of “bear” is to carry and use something. A water bearer [carrier] goes out and about to distribute water. A woman “bears” a baby by having it in her womb and it is within her wherever she goes, until it delivers.
So, in other words, only the US military can have ‘em?
“keep and bear” go together
You cannot separate them. If I can’t bear an arm, where am I to keep it? If I can’t keep an arm, I won’t be able to bear it or use it when I need it). In some countries, you might be able to own a gun, but are required to keep it locked up at the local gun club. The framers certainly had no such intent in mind.
That such a stupid-sounding case is taken to the court when the wording and history behind the constitutional provision are so clear, shows just how far some subversive elements will go to undermine America. “Disarm(Ing) the people (is)....the best and most effective way to impose tyranny.” James
With the pirate Roberts on the bench, the Constitution is in the death throes!
We need appointed judges to figure out the meaning of the word “bear”? Let’s see which definitions might apply.
From 1828 Webster’s:
BEAR, v.t. pret.bore; pp. born,borne. [L. fero, pario, porto. The primary sense is to throw out, to bring forth, or in general, to thrust or drive along. ]
1. To support; to sustain; as, to bear a weight or burden.
2. To carry; to convey; to support and remove from place to place; as, “they bear him upon the shoulder;”, “the eagle beareth them on her wings.”
3. To wear; to bear as a mark of authority or distinction; as, to bear a sword, a badge, a name; to bear arms in a coat.
4. To keep afloat; as, the water bears a ship.
5. To support or sustain without sinking or yielding; to endure; as, a man can bear severe pain or calamity; or to sustain with proportionate strength, and without injury; as, a man may bear stronger food or drink.
6. To entertain; to carry in the mind; as, to bear a great love for a friend; to bear inveterate hatred to gaming.
7. To suffer; to undergo; as, to bear punishment.
8. To suffer without resentment, or interference to prevent; to have patience; as, to bear neglect or indignities.
9. To admit or be capable of; that is, to suffer or sustain without violence,injury,or change; as, to give words the most favorable interpretation they will bear.
10. To bring forth or produce, as the fruit of plants, or the young of animals; as, to bear apples; to bear children.
11. To give birth to, or be the native place of.
Here dwelt the man divine whom Samos bore.
12. To possess and use as power; to exercise; as, to bear sway.
13. To gain or win.
Some think to bear it by speaking a great word. [Not now used. The phrase now used is, to bear away.]
14. To carry on, or maintain; to have; as, to bear a part in conversation.
15. To show or exhibit; to relate; as, to bear testimony or witness. This seems to imply utterance, like the Latin fero, to relate or utter.
16. To sustain the effect, or be answerable for; as, to bear the blame.
17. To sustain, as expense; to supply the means of paying; as, to bear the charges, that is, to pay the expenses.
18. To be the object of.
Let me but bear your love, and I’’ll bear your cares.
19. To behave; to act in any character; as,”hath he borne himself penitent?”
20. To remove, or to endure the effects of; and hence to give satisfaction for.
He shall bear their iniquities. Is. 53. Heb.9.
To bear the infirmities of the weak, to bear one another’’s burdens, is to be charitable towards their faults, to sympathize with them, and to aid them in distress.
To bear off, is to restrain; to keep from approach; and in seamanship, to remove to a distance; to keep clear from rubbing against any thing; as, to bear off a blow; to bear off a boat; also, to carry away; as, to bear off stolen goods.
To bear down, is to impel or urge; to overthrow or crush by force; as, to bear down an enemy.
To bear down upon, to press to overtake; to make all sail to come up with.
To bear hard, is to press or urge.
Cesar doth bear me hard.
To bear on, is to press against; also to carry forward, to press, incite or animate.
Confidence hath borne thee on.
To bear through, is to conduct or manage; as,”to bear through the consulship.” B.Jonson. Also, to maintain or support to the end; as, religion will bear us through the evils of life.
To bear out, is to maintain and support to the end; to defend to the last.
Company only can bear a man out in an ill thing.
To bear up, to support; to keep from falling.
Religious hope bears up the mind under sufferings.
To bear up, to keep afloat.
To bear a body. A color is said to bear a body in painting, when it is capable of being ground so fine, and mixed so entirely with the oil, as to seem only a very thick oil of the same color. To bear date, is to have the mark of time when written or executed; as, a letter or bond bears date, Jan.6,1811.
To bear a price,is to have a certain price. In common mercantile language,it often signifies or implies, to bear a good or high price.
To bear in hand, to amuse with false pretenses; to deceive.
I believe this phrase is obsolete, or never used in America.
To bear a hand, in seamanship, is to make haste, be quick.
All in good time, all in good time.
Let’s take Congress and hold it for a generation or two.
So, what if the constitution stated:
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.