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Who Is Right about the Right to Bear Arms?
Stanford (Alumni Magazine) ^ | March/April 2006 | Stanford Magazine

Posted on 03/13/2006 2:39:12 PM PST by Atlas Sneezed

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To: Panzerlied
You need to join SOS immediatly, Skeet should be on the endangered list.

Save Our Skeet is just the orginization to help with this imperative goal.

ACT NOW!!!
Don't just MOVE ON!!!
SOS is the ANSWER!!!

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61 posted on 03/13/2006 4:29:20 PM PST by rock58seg (Republicans on ports,As funny as Democrats pretending to know about Natl Security and quail hunting.)
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To: tpaine

Allow me to clarify that sentence: "The City of Chicago bans handguns under home rule powers and it was found to be constitutional under Illinois' constitution."


62 posted on 03/13/2006 4:32:33 PM PST by robertpaulsen
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To: Nova
"Yea, I've seen a bit on that. Pretty ridiculous, huh?"

Be that as it may, when a second amendment case finally reaches the U.S. Supreme Court, the Court will be examining all the lower court rulings to arrive at their interpretation.

Only one lower federal court (the 5th Circuit) in one case (U.S. v Emerson) has ruled that the second amendment protects an individual right -- every other court in all the other cases have ruled that the second amendment protects a collective right.

Not good.

63 posted on 03/13/2006 4:40:44 PM PST by robertpaulsen
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To: robertpaulsen
'The lower federal courts have interpreted the second amendment as "Since a well-regulated militia is necessary to the security of a free state, the right of the people to keep and bear arms as part of a militia shall not be infringed by the federal government"."

If you believe that this interpretation is correct, would you also agree that entities such as police departments lack such a right to arm their officers?

64 posted on 03/13/2006 4:42:22 PM PST by Nova
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To: pcottraux

I agree .. the key word is "people"!

The framers were very exact in their writing. If they had meant something else they would have said something else.

These words "not be infringed" keep getting infringed upon, and I think all of us are getting pretty sick and tired of it.


65 posted on 03/13/2006 4:42:49 PM PST by CyberAnt (Democrats/Old Media: "controversy, crap and confusion" -- Amen!)
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To: Beelzebubba

The founders felt that the government should not have all the guns.

I am sure that there are FReepers who can more succinctly make the point. Me being from Massachusetts and not ever having owned a gun makes me slightly unqualified.


66 posted on 03/13/2006 4:43:49 PM PST by Radix (Stop domestic violence. Beat abroad.)
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To: robertpaulsen
"Not good."

We agree.

67 posted on 03/13/2006 4:44:00 PM PST by Nova
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To: Beelzebubba

"Who Is Right about the Right to Bear Arms?"

I am.


68 posted on 03/13/2006 4:44:37 PM PST by Lee'sGhost (Crom!)
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To: Billthedrill; robertpaulsen
Bill wrote:

Well, I'll let them speak for themselves. If I understand the argument correctly it's based on the 10th Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The question is whether the 2nd Amendment's mandate to not infringe is covered by "nor prohibited by it to the States." ("It" here meaning the Constitution, of course). In my opinion it is so covered. But I'm not a lawyer.

Paulsen, will you "speak for them --"? Can you explain why an individual right is not "-- prohibited by it to the States." ("It" here meaning the Constitution, of course)?

69 posted on 03/13/2006 4:44:41 PM PST by tpaine
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To: Beelzebubba
"Some significant percentage of legitimate scholars would say there is substantial support for individual rights, though none of them would say it’s an absolute right."

Soooooooooooooo ... the "Rights" in the "Bill of Rights" are not "absolute" rights.

Soooooooooooooo ... why did our founding fathers bother listing them at all (he asks rhetorically, if they never were intended to be "absolute?"
70 posted on 03/13/2006 4:45:42 PM PST by George - the Other (400,000 bodies in Saddam's Mass Graves, and counting ...)
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To: Nova
"If you believe that this interpretation is correct, would you also agree that entities such as police departments lack such a right to arm their officers?"

The individual RKBA is defined and protected by each state in their state constitution. Arming state, city and local law enforcement agencies would be covered under a state constitution, as would arming the citizens.

71 posted on 03/13/2006 4:47:59 PM PST by robertpaulsen
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To: Nova; robertpaulsen
Nova wrote:

We agree

Don't be too sure of that. Bobby supports the power of state & local governments to prohibit most anything.

Right bob?

72 posted on 03/13/2006 4:51:18 PM PST by tpaine
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To: Beelzebubba

This is not hard to figure out.

Pick up any encylopedia, history book, etc, written before 1970.

It will be matter of factly written that the right to bear arms was an individual right. Some sources will probably cite some of the Federalist Papers, English Common Law, etc to make the case.

There was never any confusion over this for the first 200 years of America.

Only since the libs started re-writing the 'living constitution' has their been any confusion on this issue.


73 posted on 03/13/2006 4:52:25 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: robertpaulsen
"Arming state, city and local law enforcement agencies would be covered under a state constitution, as would arming the citizens."

But only a militia of citizens could bear arms without regard to federal regulations, right?

74 posted on 03/13/2006 4:52:46 PM PST by Nova
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To: pcottraux
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. What does that mean exactly? Some 220 years later, legal scholars are still trying to figure it out.

You know, it's really not that difficult.

I agree. There are two clauses in that sentence. One is a dependent clause, the other an independent clause. The framers knew English I suspect. The independent clause can stand alone: "...the right of the People to keep and bear arms shall not be infringed." "We" are the people. Period, end of discussion.

Jag

75 posted on 03/13/2006 4:55:10 PM PST by JaguarXKE
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To: rock58seg

LMAO


76 posted on 03/13/2006 4:56:22 PM PST by Panzerlied ("We shall never surrender!")
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To: robertpaulsen
paulsen wrote:

An individual RKBA is protected by the citizen's state constitution.

Except where you've claimed that "bans" are "found to be constitutional."

The City of Chicago bans handguns under home rule powers and it was found to be constitutional.
45 posted on 03/12/2006 7:09:14 AM PST by robertpaulsen

Allow me to clarify that sentence:
"The City of Chicago bans handguns under home rule powers and it was found to be constitutional under Illinois' constitution."

Nice try, but I'm sure you will still insist that local "home rule" gun bans cannot be found unconstitutional by the USSC; -- correct?

77 posted on 03/13/2006 5:00:01 PM PST by tpaine
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To: tpaine
The 10th amendment deals with powers. We're talking about rights, and the protection of those rights.

An individual RKBA is "found" in the 9th amendment, if you will. But the federal government doesn't protect that right (the collective RKBA as part of a militia is protected from federal infringement, yes). So who does?

Each state, in their respective state constitutions, defines and protects the individual RKBA. If a state does not protect your right to concealed carry, for example, you have nowhere to turn.

78 posted on 03/13/2006 5:01:59 PM PST by robertpaulsen
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To: JaguarXKE

here's a link to an article about militias in a 1930 world book.

http://www.freerepublic.com/focus/f-bloggers/1556914/posts


79 posted on 03/13/2006 5:05:18 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: Diana in Wisconsin
But man, I love to shoot. It's just nice being outside and trying out different guns. It's just fun, fun, fun.

I'm with you on that! The smell of gunpowder is aromatic. On our first anniversary in 1972, I gave my wife a bottle of Hoppe's #9 as perfume. And she's still a better pistol shot than I am.. dammit! LOL

80 posted on 03/13/2006 5:05:33 PM PST by Cobra64
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