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To: William Tell

“The language of the Second Amendment makes clear that it is not the right of the militia which is to be protected. It is the proper functioning of the militia which is the one stated reason for the protection of the Second Amendment, but it is “the right of the people” that is protected.”

“I ask, who are the militia? They consist now of the whole people, except a few public officers.” George Mason.

If the militia consists of the whole people, then there is no distinction or difference between the people and the militia.

“Founders had meant what the Miller Court decided, they would only have protected SOME arms at SOME times.”

In Miller, USSC said that if you can establish a linkage between the milita and the firearm then the firearm is protected. If the militia and the people are the same, then all firearms are protected since one cannot distinguish between the militia and the people.

“Then one can recognize that one of these rights, in its entirety, is protected by the Second Amendment from ANY infringement.”

Depends upon what you mean by ‘ANY infringement’. Certain rules and regulations should and will remain. I don’t believe the 2nd amendment protects the ‘right’ to have heavy machine gun target practice in residential neighborhoods, do you?


141 posted on 11/22/2007 4:01:25 PM PST by DugwayDuke (Ron Paul - building a bridge to the 19th century.)
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To: DugwayDuke
DugwayDuke said: I don’t believe the 2nd amendment protects the ‘right’ to have heavy machine gun target practice in residential neighborhoods, do you?

To paraphrase others; What part of "keep and bear" do you not understand?

Of course there will be limitations on when weaponry can be used. But once a fundamental, individual right has been recognized by the Supreme Court, the government's ability to eliminate virtually every use by various limitations will disappear.

Our Founders recognized that people exercising their right to keep and bear arms was necessary to having the well-regulated Militia that security of a free state requires.

A correct reading of the Second Amendment creates an obligation to be attentive to the necessity of an armed populace and to avoid any governmental interference that unduly limits the effectiveness of peoples' arms.

This means that so-called public golf courses should be converted into firing ranges. Eminent domain should be used to confiscate the "Kelo" properties and turn them into armories for the convenience of the people in storing and maintaining their larger arms.

When I am not using my tank on my property on weekends, I can use a secure place to store it in town.

There are residential neighborhoods in existence today which dictate to their residents what color the mailbox can be. I see nothing wrong with such a neighborhood encouraging practice with any arms they find useful.

143 posted on 11/22/2007 4:25:55 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: DugwayDuke
I just recalled another interesting and relevant fact.

I read some time ago that people in Europe (I think it was Germany) are EXPECTED to use silencers on their firearms so as not to disturb others with the firing.

All the liberals in the US, whose experience with firearms is limited to James Bond movies, would have heart attacks if the laws were re-written to REQUIRE that disturbed neighbors pay for the silencers.

148 posted on 11/22/2007 4:55:49 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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