Bungling the meaning of 'the right to bear arms'

When someone misinterprets the Second Amendment, it's usually the first part they get wrong.

Facts “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.”

They'll quibble about the meaning of “militia,” or opine about the framers' intent behind “well regulated.”

It's usually not the second part of the amendment, the “keep and bear” part, that gets misconstrued.

That, however, is exactly the part that the Florida Sheriff's Association seems to have trouble understanding.

The chaos that ensued after Hurricane Katrina was part of the legislative intent behind HB-209, Rep. Heather Fitzenhagen's bill that would allow Floridians to carry firearms during a mandatory evacuation — with or without a concealed carry license.

It protects folks from being charged with a crime or having their firearms confiscated if they are ordered to leave their homes.

The bill, which passed the House Judiciary Committee last week with a vote of 17-1 and is ready for the House floor, has received widespread acclaim from gun owners. However, it's garnered aggressive opposition from the powerful Florida Sheriff's Association.

In testimony before the committee, Electra Bustle, a lobbyist for the sheriffs, told the lawmakers that “there is a difference between owning a firearm and carrying one concealed on your person. Owning a firearm is a right. Carrying concealed is a privilege, and it is a privilege that is earned by showing a higher degree of training and proficiency with a firearm.” [...]

in 1775 and 1793 everyone knew who the militia was. They weren`t idiots

“THE MILITA IS THE WHOLE AMERICAN PEOPLE”

1775 ”In the American war the distresses of the country were aggravated from the circumstance that every man was obliged some way or other to be in the public service. In Europe where military operations are carried on by armies hired and by paid for the purpose the common people partake but little of the calamities of war; but in America where the Whole people were enrolled as a militia” Ramsay, p285 "The History of the American Revolution," Volume 2 By David Ramsay 1793

"...and discipline of the Militia of our said Province [NH]; and for the arraying and mustering the inhabitants thereof; and instructing them on how to bear and use their arms." "The Military History of the State of New Hampshire", p8

“THE MILITA IS THE WHOLE AMERICAN PEOPLE”

"Before speaking of the militia system which prevailed after the establishment of the national government, it is well to consider why that system first became necessary. From the earliest settlement of New England down to the close of the War of Independence the fear and dread of the Indian entered as one of the conditions of existence into every day life. It was necessary for self preservation that there should be some system of military training among the settlers that men might know what to do and where to resort in case of attack and under whose orders to place themselves.

The militia system was brought from England and adopted to meet new conditions in America. In every new settlement one of the first things which the settlers attended to was the formation of a military company for self defense. Thus we have found that in 1764 while the settlements at Coos were hardly two years old the able bodied men were formed into a company of militia of which Jacob Kent was made captain.

When the revolution came on all these military companies were of vast service as furnishing men for the field who already knew a little of military discipline Soon after the war began all the able bodied men between the ages of sixteen and fifty were enrolled in the train bands These bands met for regular drill and when there was a call for men as many as were needed were sent out from these bands.

Besides these was the alarm list in which were enumerated all the men between fourteen and sixty five who were liable to be called upon in an emergency. At two or three times of peril during the war the alarm list was resorted to. One of these was during the last weeks of the campaign of Burgoyne when all the stronger men went to the seat of war while the old men and boys kept watch and ward at home.

After the war and down to about 1847 all the able bodied men between the ages of eighteen and forty five years were with few exceptions made by law enrolled in the militia and required to do military duty. Every man was obliged to keep himself constantly provided with such arms and equipments as were necessary for actual service and for so doing his poll was exempt from taxation."p287

1902, "History of Newbury, Vermont: From the Discovery of the Coös Country to Present Time" edited by Frederic Palmer Wells

"A gazetteer of the state of New-Hampshire", by J. Farmer and J.B. Moore, 1823, p162 By John Farmer, Jacob Bailey Moore "Militia- In New Hampshire the militia is composed of every able bodied white male citizen hetween the ages of 18 and 45 except those exempted by law among whom to the honor of the state are those whose religious scruples render them averse to wai The militia of this state is divided by law into three divisions six brigades and thirty nine regiments. Each division is commanded by a major general who is allowed ..."

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"The history of New Hampshire", Volume 1, pp358-9 By Jeremy Belknap, 1831

"CHAPTER XXV War with Britain Change of government Temporary constitution Independence Military exertions Stark's expedition Employment of troops daring the war

1775: When the controversy with Britain shewed symptoms of hostility and the design of the ministry and parliament to provoke us to arms became apparent the people of New Hampshire began seriously to meditate the defence of their country. It was uncertain in what manner the scene would open for this and other reasons no regular plan of operations could be formed.

By the old militia law every male inhabitant from sixteen years old to sixty was obliged to be provided with a musket and bayonet, knapsack, cartridge box, one pound of powde,r twenty bullets and twelve flints.

Every town was obliged to keep in readiness one barrel of powder, two hundred pounds of lead and three hundred flints for every sixty men, besides a quantity of arms and ammunition for the supply of such as were not able to provide themselves with the necessary articles.

Even those persons who were exempted from appearing at the common military trainings were obliged to keep the same arms and ammunition." In a time of peace these requisitions were neglected."

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"When a war broke out with Indians they had to move families into garrisons and he their watch night and day nor they improve their little farms at the hazard of their lives and such companies as they could collect with armed sentinels kept watch. Their men were bold hardy and industrious and their sons were trained to the use of arms." p226, "A gazetteer of the state of New-Hampshire", by J. Farmer and J.B. Moore, 1823

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"None of the other colonies of New England bore any share in the expenses or calamities of this war and New Hampshire did not suffer so much as in former wars partly by reason of the more extended frontier of Massachusetts both on the eastern and western parts against the former of which the enemy directed their greatest fury and partly byreason of the success of the ranging parties who constantly traversed the woods as far northward as the White Mountains,

The militia at this time was completely trained for active service every man of forty years of age having seen more than twenty years of war. They had been used to handle their arms from the age of childhood than twenty years of war They had been used to handle their arms from the age of childhood and most of them by long practice had become excellent marksmen and good hunters." p217, "The history of New Hampshire", Volume 1, By Jeremy Belknap, 1831

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"A History of the State of Vermont: From Its Discovery and Settlement to the ..." By Nathan Hoskins, 1831, p66

Battle of Hubbardton, 1777:

"Fortune now began to favor the Americans The decisive victory at Bennington diffused confidence and joy. The friends of independence before dispirited by misfortune and defeat were now animated by the prospect which suddenly burst upon them of a distinguished victory over an arrogant and once dreaded enemy.

The greatest exertions and enterprise were every where displayed. To see the American militia without any military attire or weapons except a farmer's gun destitute of a bayonet force entrenchments, kill and make prisoners of the royal troops filled the enemy with indignation and amazement."

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"Governor Synder, 1815- Our militia and volunteers were actually engage with the enemy.."p99 ...if we destroyed the militia system, we did not indeed take away the right of the people to bear arms, but we destroyed the inclination, the habit of WEARING ARMS; and such was not his [Gov. Snyder]sentiment as to what ought to be the condition of things in a country like ours. He believed that not only right, but the habit of WEARING ARMS was essential to freemen, and to the preservation of the liberty of freemen. This was the principle inserted into the Constitution of the United States; and if we did away with this, the effect would be to destroy the principle and the feeling altogether." .100 p.105.

The terms of the Constitution he need not refer to; and the amendment now under discussion was simply an AFFIRMANCE OF A POWER,-THAT THE RIGHT OF A PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED. Who fought the Battles, of Lexington,Bunker Hill and Saratoga?

...Who saved Baltimore? ... Who obtained the victory at New Orleans?

These militia, trained and disciplined in their own houses; not practised in the field, but BRINGING THEIR GUNS WHICH THEY WERE TAUGHT TO USE WHEN CHILDREN..".111

viz [all above from p.168 are sourced from �Proceedings and Debates of the Convention of the Commonwealth of Pennsylvania, Vol. 4, by the Pennsylvania Constitutional Convention, 1837-8

"...self-defence. But what is meant of our militia? Why, when he spoke of them, he meant American citizens, accustomed to the use of arms; not in the camp or in the field, but American citizens accustomed to use THEIR ARMS, and to all that manual dexterity which could only be gained by long practice; not field maneouvering and marching, but a perfect knowledge of the rifle and the musket. ibid, p180

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