Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: impimp
I look forward to the day that his ridiculous and unjust prosecution for violating nonsense gun laws is overturned on appeal.

It's a conundrum.

On the one hand, the second amendment is clear:

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.
The right of the people to keep and bear arms shall not be infringed. That question can be seen as a screen to keep drug users from keeping and bearing arms -- clearly an infringement.

However, there is also Article I Section 8 Clause 16:

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The 2A term "well regulated" most likely refers to the tasks laid out in Article I Section 8 Clause 16 "organizing, arming, and disciplining... and training" the militia to be ready to be "employed in the Service of the United States" because Article I Section 8 predates the ratification of the second amendment and Congress was already familiar with their Section 8 powers when they crafted the second amendment.

Combining this with 2A, a federal court could interpret both together to suggest that the question of drug use on the federal form is not intended to keep guns away from drug users, but to inform the federal government of members of the militia who meet the level of "well regulated" if needed to be called into national service.

Someone like Hunter Biden would have been clearly rejected as not being a "well regulated" member of the militia and would not have been called into service due to being an unreliable member of the militia because of his drug use, despite possessing his own arms.

By this reading, failing to check the box on the federal form can be lying to the federal government while also withstanding the 2A infringement argument.

-PJ

73 posted on 06/12/2024 12:42:28 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Political Junkie Too

No conundrum…drug users and abusers should have the right to bear arms, just as they should have the right to vote.

And your understanding of the second amendment is faulty…you don’t have to be a member of a well regulated militia to enjoy the right to bear arms. The first part of the second amendment is nothing more than superfluous wording…the actual crux of it is the second part about not infringing. Also the founders wanted people to have the right to bear arms so that they could keep the government scared of the people, not so that the government could organize gun owners to do their bidding.


83 posted on 06/12/2024 5:25:02 AM PDT by impimp ( )
[ Post Reply | Private Reply | To 73 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson