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Analyzing The 2nd Amendment
OUTDOORSBEST ^ | July 16, 2004 | Don B. Kates

Posted on 07/16/2004 8:59:00 AM PDT by neverdem

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To: rjsimmons
I'm not trying to compare or contrast "arms" and "ordnance".

I'm simply saying that "arms" is more a military term. "Guns" is more a civilian term. Do you agree?

81 posted on 07/16/2004 10:48:57 AM PDT by robertpaulsen
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To: RKV

Well said. This is another issue that gets bogged down by those who would seek to destroy the 2A. The two separate clauses contained within. The first to prevent the Federal government from destroying the militia. The second to prevent the Federal government from removing arms from the citizenry.


82 posted on 07/16/2004 10:49:33 AM PDT by rjsimmons
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To: robertpaulsen
Quote
I'm not trying to compare or contrast "arms" and "ordnance".
I'm simply saying that "arms" is more a military term. "Guns" is more a civilian term. Do you agree?


Mostly. "Gun" is also a naval term.
83 posted on 07/16/2004 10:50:56 AM PDT by rjsimmons
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To: Zavien Doombringer
"He was speaking, nay, yelling to the common citizen."

Hmmmm. All along I thought he was awakening the Minutemen, members of the Concord militia.

Learn something every day.

84 posted on 07/16/2004 10:53:52 AM PDT by robertpaulsen
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To: Dead Corpse; rhombus
Private enterprises,like the early Santa Fe traders,sometimes took cannon along,also.

No "Letter of Marque" needed.

85 posted on 07/16/2004 10:54:49 AM PDT by Free Trapper (Because we ate the green mammals first!)
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To: Zavien Doombringer
Most "guns" on privateer craft were the 1" - 3" swivel guns, not really big.

Cool. Makes me want to go out and get a more modern equivalent, the M20 75mm (3") recoilless rifle. After all, it's a "rifle" which makes it "arms" and not ordnance. IIRC, there's a 106mm rifle too.

86 posted on 07/16/2004 10:55:32 AM PDT by antiRepublicrat
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To: RKV

We were only sidetracked cuz the original article (as well as apparently a few here) believed cannon, et al, are not included in the 2ndA.

So now we have to explain to every1 that ANYTHING is included in "arms"!

May be unimaginable esp. w/today's giant weaponry, but it has to be true! Otherwise we'd never be able to overthrow a big gov like this if we have to face their airborne bombing attacks w/a bunch of "small-arms fire"! I'm quite positive the Founders, fresh from experiences precipitating and during the RevWar, intended we should as a people be able to separate and that that would mean whatever means possible. FGS, it was a REVOLUTION against a GOVERNMENT! Why can't people understand that?


87 posted on 07/16/2004 10:58:33 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue.)
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To: robertpaulsen
Hmmmm. All along I thought he was awakening the Minutemen, members of the Concord militia.

The militia comprised of what? Regulars? no, Common citizens. Men 16 through 50 yrs of age that were required to muster 2 times a year for a couple of weeks to drill, but mostly ended up partying.

Still common citizens...not paid military soldiers.

88 posted on 07/16/2004 10:58:55 AM PDT by Zavien Doombringer (If a Democrat falls from office and nobody is around will they make a sound?)
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To: rjsimmons
"Gun" is also a naval term.

So is "poop deck". The Navy is strange.

89 posted on 07/16/2004 10:58:56 AM PDT by robertpaulsen
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To: rjsimmons
"The second to prevent the Federal government from removing arms from the citizenry."

Then one must logically assume that the Citizenry must possess arms superior to those which would be used by the Federal government to dis-arm the Citizenry.

To be under-armed with less firepower would render the Second Amendment useless and pave the way for a tyrannical government which would have an easy win over the Citizens.

If the Amendment was written for the purpose you suggest, then it is for the People to establish the rules of engagement and the weapons to be used therein -- NOT the government.

90 posted on 07/16/2004 11:00:15 AM PDT by Eastbound
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To: RKV
http://www.nps.gov/revwar/about_the_revolution/privateers.html

After reading that, it appears that the broader interpretation was right. These ships, one with 26 guns, legally existed in private hands. The letters simply let them legitimately conduct the pirate activities they were capable of.

91 posted on 07/16/2004 11:01:12 AM PDT by antiRepublicrat
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To: Zavien Doombringer

It's too bad that localities have neglected that practice. I, for one, would love a chance to muster with the "local militia". Not only would it be another excuse to spend some time outdoors, but it would strengthen that sense of community that seems to be fading in the US.


92 posted on 07/16/2004 11:02:39 AM PDT by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: RKV

I think so too. Check my # 90.


93 posted on 07/16/2004 11:03:32 AM PDT by Eastbound
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To: rjsimmons
Are you saying that State and local governments are bound by the Second Amendment or not bound by it?

My take is that the Bill of Rights says to keep hands off.

I'm not trying to parse you death, but that could be interpreted as saying the Tenth Amendment means hands off the State's prerogative in the area of the RKBA.

It could also mean that the States are required keep their hands off of people's guns.

Let me ask one more time. Are States bound by the Second Amendment in your opinion?

94 posted on 07/16/2004 11:03:41 AM PDT by Ken H
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To: Dead Corpse
YOu can always join our group :)

Bring your own firelock...I have a .50 cal kentucky/virginian you can borrow :)

95 posted on 07/16/2004 11:05:10 AM PDT by Zavien Doombringer (If a Democrat falls from office and nobody is around will they make a sound?)
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To: Robert357; dhuffman@awod.com

Any idea what the bore diameter of 10 and 12 guage shotguns are?


96 posted on 07/16/2004 11:05:14 AM PDT by neverdem (Xin loi min oi)
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To: rjsimmons
.50 cal falls under the definition of arms. It isn't until you break into the 1.0 cal that the definition becomes grey.

It's all about definitions. Let's use a term that practically everyone in the world can agree upon: What is an "arms dealer" and what does he deal in? Small arms only, or does he also sell rockets, grenades, airplanes and bombs?

97 posted on 07/16/2004 11:05:42 AM PDT by antiRepublicrat
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To: antiRepublicrat
The Letters used against Barbary went into a bit more detail than that. They set up pretty stringent guidelines as to what was a viable target, how much of the loot the FedGov got, how much was to be shared among the crew, ect...

Effective in a limited scope. No real replacement for a professional Army, but bounty hunters operating under Letters of M&R could be extremely useful in hunting terrorists today.

98 posted on 07/16/2004 11:05:52 AM PDT by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: robertpaulsen
I'm simply saying that "arms" is more a military term. "Guns" is more a civilian term. Do you agree?

I would say that "arms" is a better term, and it certainly leaves no question as to what is being discussed. "Guns", on the other hand, has a slang-like feel to it. Radar gun. Squirt gun. Nail gun. This is my rifle and *this* is my gun. It makes sense that the military would retain the proper terminology.

Nowadays, "arms" sounds more "military", but when the Bill of Rights was written, that was not the case. The American vocabulary has suffered much in the past, oh, 150 years.

99 posted on 07/16/2004 11:07:03 AM PDT by Cloud William (The Second Amendment is the Statute of Liberty! - Col. Jeff Cooper)
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To: Zavien Doombringer
Thanks for the invite, but I'm currently in Texas. Wife wants to move us back to Minnesota.

(sarcasm)That oughta be fun.(/sarcasm);-)

100 posted on 07/16/2004 11:09:18 AM PDT by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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