New Boulder, Colorado AR-15 law seen as TEST for nationwide gun registration

The National Sentinel ^ | 12/13/18 | USA Features

[SleeperCatcher]

Unconstitutional: Whenever we see the Left moving to implement a new rule or law governing the use, handling, or ownership of firearms we are reminded of the very simple language of the Second Amendment, which reads in full: 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.

Liberal and conservative scholars and lawmakers have debated the meaning of “militia” and whether or not the founders meant that the Second Amendment applied only to organized state military forces. But others have noted that based on historical data and references such as the Federalist Papers, a series of published documents written by a few of the founders explaining every part of the Constitution, it is clear the amendment applies generally to “the people.”

There’s another part of the amendment that is also crystal clear — where it says unequivocally that the “right …to keep and bear arms shall not be infringed.”

[umgud]

Gov’t has yet to define “infringe.”

[MileHi]

This should be struck down under Colorados preemption law.

[ought-six]

A militia is wholly dependent on an armed people. Thus, a militia can only exist if the people are armed, but an armed people can exist without a militia. So, while a militia is dependent, an armed people is not so restricted.

[mass55th]

"...they look at you with a stupid look, before calling you a racist, sexist, climate change denier."

Or calling you a Russian troll. I've had that thrown at me in the comments section on a few news sites.

[Yo-Yo]

Regarding this wording in Heller, the only weapons I can think of that should fit this category are biological and nuke type weapons, since their power can’t be controlled and they would indiscriminately kill tens of thousands of innocents. Of course Heller doesn’t clarify that statement, but any weapon that can be controlled by the owner should be Constitutionally protected. Guns with large magazine capacity certainly fit that category.

The part that concerns me is Scalila's statement "Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons" precludes the future legalization of new technology weapons.

By definition, a new form of self defense weapon (for example a phased-plasma rifle in the 40-watt range) is not "in common use" therefore will never be a protected weapon.

If such an interpretation were made in 1820, metallic cartridge firearms would not be a protected class of firearms today.

[nonsporting]

“right …to keep and bear arms shall not be infringed.”

He left out the critical word "people". The 2nd amendment proctects the "right of the *people* to keep and bear arms" not a power of the state for form military establishments.

Militias, when properly formed, are in fact the people themselves and include all men capable of bearing arms. [...] To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.

-- Senator Richard Henry Lee, 1788, on "militia" in the 2nd Amendment

[TalonDJ]

“Obama’s helpers are making lists.”

I am sure I am already on so many lists it is pointless to stress about it. When the list includes 1/3 or more of the country the list is pointless. If they wanted to nab people with guns in my hometown the easiest way would be carpet bombing.

[Renegade]

A stock of stryofoam,gasoline and some bottles is a good move.

[wjcsux]

I had a gun once, I lost it in a boating accident.

[wjcsux]

I worked at Rocky Flats in the late 70’s, I lived in Arvada. Boulder was the only really whacked out community in the state then. We had the loonies from Boulder protesting outside the facility on a regular basis. Unfortunately, Boulder’s insanity is spreading throughout the rest of the state.

[G Larry]

“They” haven’t got the gut for that.

[Wildbill22]

Exactly! You get it.

Governments have POWERS,
And individuals have RIGHTS.

[Wildbill22]

And the constitution and bill of rights is set up to limit government powers.

Governments should have no rights as they answer to the people, and people in government should have only limited powers.

[atomic_dog]

They didn't define milita because when they wrote the Constitution *EVERYONE*. Look at the state constitutions in effect at the time the US Constitution was adopted. They basically state "every able bodied man between 18 and 60." Now people who were averse to carrying arms (Quakers were often named) they could pay a fee to be excused from militia duty. Being in the militia was very popular as most of the states at that time had property ownership qualifications to vote, the exception was???

Anyone, anyone?

You guessed it. Serving in the militia qualified someone to vote who didn't own any property.

[Charles Martel]

Without registration and without warrants, confiscation could wind up just like Katrina.

Funny thing, the Katrina gun confiscations only happened in areas where the cops felt comfortable that they wouldn't be opposed, and where the residents were totally off-balance due to flooding and all the worries that came with it. The people along the outer edge of the "saucer" where the houses didn't flood - the confiscators left them alone. Many of those people didn't evacuate, and sat out on their front porches with AR-15s across their laps. The cops just drove by and waved.

City-wide or regional confiscation would require martial law to even attempt, and martial law is untenable when the people are angry instead of frightened. New Orleans is a fairly small city, geographically confined by waterways - and they still couldn't fully lock it down even with cops volunteering from all over the country.

[GreyHoundSailor]

Three would be a minimum - I know some neighbors with well over 700. Depends on how many one can afford.

[Svartalfiar]

Of course Heller doesn’t clarify that statement, but any weapon that can be controlled by the owner should be Constitutionally protected. Guns with large magazine capacity certainly fit that category.

I don't have numbers, but I would think private merchantmen owned more cannon in the late 1700s than the US government did.

[mass55th]

My 5th great-grandfather served as a Lieutenant in the 2nd Regiment of the Dutchess County (NY) Militia in the Revolutionary War. The commander of that unit was Colonel Abraham Brinkerhoff. The County Militia was overseen by General Israel Putnam, who had his headquarters at Colonel Brinkerhoff’s home in Fishkill, NY. The Brinkerhoff home is now an Inn, and according to the site, in the fall of 1777, George Washington, Alexander Hamilton, and the Marquis de Lafayette were there. Makes me wonder if my great-grandfather ever met, or at least saw any of these great men. Info on the regiment is scarce, so I have no idea what duties they were assigned, or where they spent most of their time.

My 5th great-grandfather also signed his name to an affidavit pledging his loyalty to the colonies, and not the Monarchy. For that he’s listed in the DAR Patriot Index. Never knew any of it until after my mother died in ‘90, and I traveled to the town in Canada she had been born in. From documents I found there, it appears that one of the sons of my 5th great-grandfather moved to Canada after the war, and was written out of his father’s Will. That son married the daughter of Loyalists from Dutchess County who had moved to Canada when the war started. So I’ve got Patriots and Loyalists on that side of the family. I’m still hoping to track the family lineage back to England one of these days. Will have to cough up the money for Ancestry.com in the New Year to be able to access international records.

[Big Red Badger]

Giddy-Pard,
You got some Heritage goings on.

[Big Red Badger]

They tried confiscation once,
They got the Revolutionary War.