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To: woodpusher
The right itself contains limitations as explained in the English common law pre-dating American independence. It has never meant a right to carry any and all weapons for any purpose. It does not mean that today.

One more thing...

The old English common law that you cite is based on a paradigm that the Framers rejected.

The old English way was that arms were kept locked up in a central armory and distributed to the townspeople when the castle was under threat of attack. The arms were the property of the local Baron, not the people.

The Framers purposely changed that. The militia is created by Article I Section 8 and Article II Section 2 of the United States Constitution. The 2nd amendment is what moved us away from the English armory and to the personal ownership and possession of any arms that an army might deploy against the People.

-PJ

53 posted on 05/16/2024 5:50:17 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Political Junkie Too
The old English common law that you cite is based on a paradigm that the Framers rejected.

At the Founding of the States, each of the thirteen States adopted the English Common Law. Each did so explicitly, either in their State constitution, or in their State statute law. The States adopted the English Common Law before the Articles of Confederation or Constitution.

One look at the Federal legal system and it is obvious that it is based on the English Common Law system. English Common Law prior to the Declaration of Independence is United States Common Law.

The arms were the property of the local Baron, not the people.

The colonists' arms were not the property of the local Baron. Neither were those of British subjects anywhere. What was carried forth from the colonies to the states was the English Common Law in 1776.

http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp

Blackstone's Commentaries on the Laws of England

Book the First - Chapter the First: Of the Absolute Rights of Individuals (1765)

5. THE fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W. & M. ft. 2. c. 2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

60 posted on 05/17/2024 6:10:35 PM PDT by woodpusher
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