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Yes, the Second Amendment Guarantees an Individual Right to Bear Arms
realclearpolitics.com ^ | March 20, 2007 | Pierre Atlas

Posted on 03/20/2007 4:04:15 PM PDT by neverdem

On March 9, the Circuit Court of Appeals for the District of Columbia issued a groundbreaking ruling. It declared in a 2-1 decision that the Washington, D.C. ban on handgun possession in private homes, in effect since 1976, is unconstitutional. The court reached this conclusion after stating unequivocally that the Second Amendment's right to keep and bear arms applies to individuals and not just "the militia."

It is quite likely that this ruling will be appealed to Supreme Court, which hasn't offered an interpretation of the Second Amendment since 1939.

Appalled by the District Court ruling, the Washington Post editorialized that it will "give a new and dangerous meaning to the Second Amendment" that, if applied nationally, could imperil "every gun control law on the books."

The Post accused the National Rifle Association and the Bush administration's Justice Department of trying "to broadly reinterpret the Constitution so as to give individuals Second Amendment rights."

But actually, to argue that the Second Amendment does not apply to individuals is a reinterpretation of the Constitution and the original intent of the founders.

One of the major concerns of the anti-Federalists during the debate over the Constitution in 1787 was the fact that the new document lacked a Bill of Rights. In order to get the Constitution ratified, the framers promised to pass a Bill of Rights during the First Congress as amendments to the Constitution. The Second Amendment with its right to keep and bear arms became part of that package.

What was the original intent of the Second Amendment? Was the right to bear arms a collective right for militias, or an individual right for all citizens? The "Dissent of the Pennsylvania Minority," from the debates of 1787, is telling. This document speaks...

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: 2a; banglist
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To: robertpaulsen

Same could be said for you Bobby troll...


601 posted on 03/23/2007 6:40:45 AM PDT by Dead Corpse (What would a free man do?)
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To: Eaker

If I and nine other people own a restaurant, may we post a sign saying, "No guns allowed" and prohibit you from entering if you have one?


602 posted on 03/23/2007 6:46:05 AM PDT by robertpaulsen
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To: Dead Corpse
"Ever here of the M9? How about the 1911?"

Yeah, I hered all about them. Ever hear of a beach ball?

Now, the question you haven't answered is, "Does the average soldier have ANY of those things issued to him by the military as part of his weaponry and carried into combat?

603 posted on 03/23/2007 6:50:54 AM PDT by robertpaulsen
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To: robertpaulsen

Yes they do. Crew served weapons, Tankers, Officers, Platoon leaders and Platoon Sergeants, Mortar teams, Engineer teams, and MPs are all issued M9s or M1911's. Additionally, many truck drivers are issued sub-machine guns, which are high capacity select fire handgun ammo/short rifle hybrids like the MP-5 (though I don't know the designation of the current issue, in my time it was called a "grease gun".

Again, Yes.


604 posted on 03/23/2007 6:58:49 AM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: robertpaulsen
Now, the question you haven't answered is, "Does the average soldier have ANY of those things issued to him by the military as part of his weaponry and carried into combat?

Yes.

http://usmilitary.about.com/od/armyweapons/l/aainfantry1.htm

605 posted on 03/23/2007 7:05:23 AM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse

BTW: I was a 6027. Jet engine mechanic. 6 years USMC. I qualified Expert with both the M1911 and the M9 they were transitioning to at the time.


606 posted on 03/23/2007 7:07:59 AM PDT by Dead Corpse (What would a free man do?)
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To: American_Centurion
I am very much aware that certain military personnel are issued handguns. (Some are even issued swords!) You listed quite a few of them, and those were mainly connected with the Army. Certain members of the Navy, Air Force, Marines, and even the Coast Guard are also issued handguns. OK. Are we all comfortable with that fact? Good.

Now, let me try for the third time. Does the average soldier carry a handgun into combat, issued to him by the military as part of his weaponry?

607 posted on 03/23/2007 7:09:41 AM PDT by robertpaulsen
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To: robertpaulsen

Yes.

They aren't issued the handgun for ceremonial purposes, if that's what you are trying to say. In some cases it's a backup weapon, however for many like Medics/corpsmen it's their PRIMARY weapon. And hell yes it's issued to carry into combat. Brave medics and corpsmen throughout WWII, Vietnam, Iraq and many other wars, have held off the enemy with their M-9 so that a patient can be evacuated instead of being captured. Tell me that isn't combat.


608 posted on 03/23/2007 7:16:49 AM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: Dead Corpse
From your link:

M-9 Handgun
Did you know that in combat, it's mostly officers who carry handguns? Most enlisted don't.

609 posted on 03/23/2007 7:16:57 AM PDT by robertpaulsen
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To: American_Centurion
Can you support your statement that the average soldier carries a handgun into combat, issued to him by the military as part of his weaponry?

Up to this point, you've only claimed that "this group" or "that group" carries hanguns. That wasn't my question.

610 posted on 03/23/2007 7:21:20 AM PDT by robertpaulsen
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To: robertpaulsen

Anyone who has been on even one FTX knows that. What point are you trying to make?

I think you are trying to segue this into: Since MOST soldiers don't carry handguns, no civilian would require one if/when the "militia" is called.

It's quite a silly point, fits your Sarah Brady mindset though.


611 posted on 03/23/2007 7:21:41 AM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: robertpaulsen
If I and nine other people own a restaurant, may we post a sign saying, "No guns allowed" and prohibit you from entering if you have one?

Sure, it just won't mean anything. Now if you could find nine people stupid enough to be partners with you and y'all were sissies and scared of armed citizens then in Texas you would have to follow the provision below.

If you did post it properly, which I have never seen performed I and about 100 million of my best friends would not patronize you business.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder: (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that: TEXAS CONCEALED HANDGUN LAWS PC §42.01 31 (A) entry on the property by a license holder with a concealed handgun was forbidden; or (B) remaining on the property with a concealed handgun was forbidden and failed to depart. (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (c) In this section: (1) "Entry" has the meaning assigned by Section 30.05(b). (2) "License holder" has the meaning assigned by Section 46.035(f). (3) "Written communication" means: (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a conspicuous manner clearly visible to the public. (d) An offense under this section is a Class A misdemeanor. (e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited.


http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

612 posted on 03/23/2007 7:25:32 AM PDT by Eaker (You were given the choice between war & dishonor. You chose dishonor & you will have war. -Churchill)
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To: robertpaulsen
Did you know that in combat, it's mostly officers who carry handguns?

Wow!!! Really!!! You are SSSSoooo SMART Bobby!(/s)

Officers never serve in combat situations? You clueless friggin' liberal.

613 posted on 03/23/2007 7:26:22 AM PDT by Dead Corpse (What would a free man do?)
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To: JeffAtlanta
You seem totally confused. You seem to want to lump John Marshall into the "states rights guys" but then you post a information that says the exact opposite.
John Marshall was a strong federalist. That is common knowledge. To try to lump him into "one of the states rights guys" is idiocy.

Here is 'states rights' idiocy.

Check out Barron v Baltimore in my previous post - in a decision from John Marshall's court in 1833 expressly ruling that the Bill of Rights do not apply to the states.

Barron v Baltimore is notorious as a questionable ruling by a senile Marshall trying to 'save the union'.

The erroneous Barron decision was nullified by the ratification of the 14th; -- even though it was already, in effect null & void, - as it ignored the supremacy clause of Article VI.

614 posted on 03/23/2007 7:28:02 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: robertpaulsen
The "average" soldier can be issued anything from spare mags to an M-2. Depends more on the mission to be carried out than it does any "average" capacity they may be employed at.

As previously stated, I was a jet engine mechanic. But when I was going to be temporarily deployed, I was qualified on both the M9, the M1911, and even a fam-fire course with the Remington 870.

If you had ANY military experience at all, you'd know this. But you don't. You are just some stupid little troll trying to stir the pot.

615 posted on 03/23/2007 7:32:24 AM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse

Not even 8AM, and you're hard at work smacking the Trolls....Excellent!


616 posted on 03/23/2007 7:34:58 AM PDT by rottndog (If you don't believe in the abolition of government run schools, your views aren't radical enough.)
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To: robertpaulsen
Can you support your statement that the average soldier carries a handgun into combat, issued to him by the military as part of his weaponry?

Every soldier I mentioned is part of the overall force, there are no special "crew served weapons" brigades, or special "medic" brigades, these aren't "groups" as you refer to them. They are part of the MTOE of a light infantry platoon, as are the Platoon Leader and Platoon Sergeant. The Mortermen are part of the light infantry Company MTOE.

Just like there are 2 grenade launchers in the "average" infantry squad, these positions are all "average" in that they will all be present for duty and will engage the enemy.

You have confused "average" with lowest common denominator, IMO.

617 posted on 03/23/2007 7:35:49 AM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: rottndog
Part of my post-workout cool down. ;-)

Gives me something to do while I'm drinking my coffee.

618 posted on 03/23/2007 7:35:51 AM PDT by Dead Corpse (What would a free man do?)
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To: American_Centurion
"I think you are trying to segue this into: Since MOST soldiers don't carry handguns, no civilian would require one if/when the "militia" is called. It's quite a silly point ...."

A silly point??? A major point if you are looking for the U.S. Supreme Court to determine if handguns are protected as "Militia-type arms" under the second amendment!

What if some liberal Supreme Court asks the same question I did? Even YOU didn't want to answer it directly (and still haven't) because you know the implication. You say they wouldn't do that? From the Federal Court of Appeals, Seventh Circuit, 1982:

"Alternatively, they argue that handguns are military weapons. Our reading of Miller convinces us that it does not support either of these theories. Under the controlling authority of Miller we conclude that the right to keep and bear handguns is not guaranteed by the second amendment."
-- Quilici v. Village of Morton Grove, 695 F.2d 261

Are you going to say its silly when those words are uttered, not by the 7th Circuit Court, but by the U.S. Supreme Court?

619 posted on 03/23/2007 7:38:21 AM PDT by robertpaulsen
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To: robertpaulsen
What if some future liberal court defines "arms" as those weapons carried by the average soldier -- since the average soldier does not carry a handgun, handguns are not protected? That "to bear arnms" does not include concealed carry? That "to keep" means to keep in a state armory?

You've kept this red herring going for 300 posts, pretty impressive.

620 posted on 03/23/2007 7:41:13 AM PDT by palmer (Money problems do not come from a lack of money, but from living an excessive, unrealistic lifestyle)
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