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Is the Second Amendment Unique?
American Thinker ^ | Dec 23, 2017 | Sam Bocetta

Posted on 12/23/2017 12:02:00 AM PST by Oshkalaboomboom

The case for American exceptionalism is often overstated. It is true that our Constitution, at least when it was written, was a revolutionary document, in both senses of the word: it represented a huge shift in the way that the state was conceived, but also an attempt to free a citizenry from perceived oppression.

Because of the unique historical circumstances in which it was written, the Constitution put in place laws that appear to be similarly unique. However, when looked at in a historical perspective, many of these (such as the right to free speech) are unique in extent rather than quality: they make a right that was de facto in early modern England into a de jure provision.

There is one part of the U.S. Constitution, however, that may well be totally unique: the Second Amendment.

The 27 words that make up the amendment, “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,” are perhaps the most controversial, and perhaps the most misunderstood, in our entire Constitution. I’m not going to add another interpretation to the hundreds already available. Instead, I want to look where the amendment came from, and then look at whether it is, indeed, unique.

The Historical Context

Given the context in which the constitution was written -- that of a new country keen to free itself from the clutches of an overbearing English tyranny -- it is strange that the Second Amendment is actually based on English law. Specifically, the English Bill of Rights of 1689 codified what was regarded as a natural right to self-defense. This bill essentially limited the power of the English king to disarm his subjects, after Charles II had tried to disarm Protestants

(Excerpt) Read more at americanthinker.com ...


TOPICS: Chit/Chat; History; Military/Veterans; Miscellaneous
KEYWORDS: banglist; guncontrol; guns; secondamendment
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To: selfdefense

I work there and I sell guns. Trust me. We don’t keep records past a few years. It’s in case someone buys a gun and turns right around and shoots up a place. It’s.not a question of trusting government. It’s a question of your paranoia. We don’t keep the paperwork forever, and the purpose of it is to make sure you’re not a felon


21 posted on 12/23/2017 4:25:22 AM PST by This_Dude
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To: Texas Fossil

My thoughts exactly. And even if they don’t have that database, they can figure out who has them by looking at manufacturer records (I got a recall for a gun that I never bothered to send in the warranty card for), or better yet, just seizing (or hacking) the NRA’s membership records.


22 posted on 12/23/2017 4:40:57 AM PST by Hardastarboard (Three most annoying words on the internet - "Watch the Video")
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To: This_Dude

Yes, and No. Yes, there is no direct federal database as in concurrent record of you and your purchase by the NICS ( well, the law states that the record of the check must be purged w/in 48 hrs if successful, longer if not) and then the 4473 is maintained Permanently at the retailers premise, until the fFL is no longer in business, then the 4473, bound books etc are delivered to the ATF.... So Yes, and No....

Additionally, if your firearm is traced, that trace starts with the firearm (by serial no) , then to the manufacturer to retailer to your 4473 to the original retail(FFL) sale.... So, yes, every firearm has a name attached to it at the point of original FFL sale. So no, the feds cannot run your name and come up with firearms directly.


23 posted on 12/23/2017 5:08:27 AM PST by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: Hardastarboard

“My thoughts exactly. And even if they don’t have that database, they can figure out who has them by looking at manufacturer records (I got a recall for a gun that I never bothered to send in the warranty card for), or better yet, just seizing (or hacking) the NRA’s membership records.”

The government couldn’t manage a simple healthcare database, you think they could manage a database with over 300 million firearms, owned by people all over the country, identified by state records? No way.


24 posted on 12/23/2017 5:54:06 AM PST by EQAndyBuzz (We're CNN. We're not lying, we're just incompetent!)
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To: This_Dude
That’s not registry. Those records aren’t kept for as long as you seem to think. There is no federal database for arms ownership.

Are you sure about that? I mean I really hope you are right.

25 posted on 12/23/2017 6:20:30 AM PST by ealgeone
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To: Hugh the Scot

” Our system is designed to empower the individual above the group or “identity”...”

Exactly!


26 posted on 12/23/2017 7:06:25 AM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Hardastarboard

Oh yes. They have lots of lists. I try to minimize mine in some respects. Being here is not one of them. smile.


27 posted on 12/23/2017 7:31:44 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: This_Dude

“I work there and I sell guns. Trust me. We don’t keep records past a few years.”

Then you’re breaking Federal law. Those 4473 forms are supposed to be kept “permanently” unless the FFL in question goes out of business. Then they’re required by Federal law to send them to the ATF for “safekeeping”.

L


28 posted on 12/23/2017 7:39:23 AM PST by Lurker (President Trump isn't our last chance. President Trump is THEIR last chance.)
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To: rawcatslyentist; Oshkalaboomboom; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; ...
It didn't take much detective work to figure out. Every form of repressive govt has ALWAYS disarmed the citizenry!

FReeper rawcatslyentist

RKBA Ping List


This Ping List is for all things pertaining to the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

29 posted on 12/23/2017 8:17:21 AM PST by PROCON (Merry Christmas and Happy Trump Year!)
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To: Lurker

That varies state to state. In Louisiana, when I was there, it was seven years. I’m not aware of anyone keeping 4473 forms indefinitely, though I’m sure there’s someone out there who may. If we broke federal law, we wouldn’t operate


30 posted on 12/23/2017 8:55:23 AM PST by This_Dude
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To: This_Dude

“That varies state to state.”

4473 forms are Federal.

L


31 posted on 12/23/2017 9:00:59 AM PST by Lurker (President Trump isn't our last chance. President Trump is THEIR last chance.)
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To: Oshkalaboomboom
Here is what makes the 2nd unique.

The United States, as founded, was a federation of several sovereign states, each which retained its sovereignty via the 9th and 10th amendments. The 2nd amendment was "necessary to the security of a free state," meaning that the people were armed to protect against other states (or the federal government) from overrunning a state and taking it over.

Europe was plagued by centuries of conquests by neighbors, and the United States was determined to prevent that from happening here once the British Armies were removed as a controlling influence.

-PJ

32 posted on 12/23/2017 9:13:36 AM PST by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: Political Junkie Too

Interesting points...


33 posted on 12/23/2017 10:20:30 AM PST by Big Red Badger (UNSCANABLE in an IDIOCRACY!)
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To: This_Dude
That’s not registry. Those records aren’t kept for as long as you seem to think. There is no federal database for arms ownership.

Please note that I'm NOT equating you with those people, but that's like saying the government does anything efficiently. You really think they'd get rid of those? The fact that every firearms dealer in the country has somewhere to check to see if you're 'allowed' to own a firearm is a de facto database.

34 posted on 12/23/2017 10:23:36 AM PST by wastedyears (US out of the UN, UN out of the US.)
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To: Oshkalaboomboom

“The case for American exceptionalism is often overstated.”

ESAD, you ignorant, disloyal POS.

No other country was *ever* founded on the principle that people have rights that preceded all government, that no government has the authority to violate.

It follows that we have a right to protect those rights, which means we have a right to arm ourselves and kill those who try to violate them.

Exceptional? We’re unique in history, and better.


35 posted on 12/23/2017 1:26:00 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: wastedyears

“You really think they’d get rid of those?”

Not until they are pried from the bureaucrats’ cold, dead fingers.


36 posted on 12/23/2017 1:27:07 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: EQAndyBuzz

“The government couldn’t manage a simple healthcare database, you think they could”

Not perfectly, and probably not even very well. But they could accumulate enough data to cause us considerable grief.


37 posted on 12/23/2017 1:32:15 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: Lurker

I think in some instances the 4473’s can be discarded after 20 years. Not so the bound book.


38 posted on 12/23/2017 2:08:05 PM PST by Tijeras_Slim
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To: Oshkalaboomboom
..perhaps the most misunderstood...

Not misunderstood, but deliberately misconstrued by the left.

39 posted on 12/23/2017 2:14:49 PM PST by deadrock
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To: Oshkalaboomboom

There is NO interpretation needed for The 2A.

It says what it means and means what it says- PERIOD!!!


40 posted on 12/23/2017 2:40:43 PM PST by mabarker1 (Progress- the opposite of congressl)
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