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![]() Robert Musgine wrote: "JimC" wrote in message . net... Robert Musgine wrote: http://www.libertypost.org/cgi-bin/r...?ArtNum=206575 Imagine everyone owning a handgun - what a better world it would be! 9/11 would have never happened if the passengers were armed. Columbine would have never happened if the teachers were armed. Free men own guns!! Guns keep you safe!! http://www.youtube.com/watch?v=M9lWyp-RQCc http://www.youtube.com/watch?v=M9lWyp-RQCc Whether or not the right to bear arms is "individual" or "collective" isn't the real issue. The real issue is how to interpret and apply both clauses of the Amendment, and in particular, how to relate the first clause - "A well regulated militia, being necessary to the security of a free state..." - to the second. For the last 70 years, the test for applicability of the 2nd Amendment, as interpreted in a series of Federal Circuit Appeals Court rulings since Miller, has been the "reasonable relation" test, i.e., whether there is a reasonable relation between the intended use or character of the firearm(s) and some form of well regulated militia. It should also be kept in mind that the courts have not interpreted any of the amendments as being universally applicable under all circumstances. And don't forget about protecting our right to own rocket launchers, cannons, tanks, etc., all of which would be necessary to defend the security of the "free state." Sounds like you are hoping for an interpretation in which the Court, in essence, simply ignores or discards altogether the entire first clause of the amendment. Of course, the rednecks claim that the "WELL REGULATED militia" is simply "the people" (based on an obscure case decided in the 19th century). - Absolutely absurd! - Regulation is what they don't like, not something they support or endorse. Jim I would take militia to mean what it meant when the Constitution was written. The Constitution of the United States provides on this subject as follows: Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. - 15. 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. Now it seems who ever is eligible to be called forth to fight wars is the militia. The militia is run by the States. So aren't are armed forces (with the exception of the national guard) unconstitutional? But then isn't it up to what the individual states claim is the militia? The bottom line is that we need more armed citizens. The government is our servant, it is not the other way around. More guns means more freedom. Whatever the Second Amendment means by the term: "militia", One thing is certain. - It's a "well REGULATED militia." (I emphasize the word "militia" because, over long experience in such discussions, it's going to be ignored, dismissed, or passed right on by if I don't.) Jim |
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