We are all subject to police power. But you are wrong about the unorganized militia, which was defined to be ALL ABLE BODIED men and some women, are all part of the militia, which is well regulated (by law) and if you ask George Washington and Thomas Jefferson, George Mason, they will tell you. "A free people ought not only to be armed, but disciplined..." - George Washington, First Annual Address, to both House of Congress, January 8, 1790 "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776 "I prefer dangerous freedom over peaceful slavery." - Thomas Jefferson, letter to James Madison, January 30, 1787 "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms." - Thomas Jefferson, letter to James Madison, December 20, 1787 "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776 "On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed." - Thomas Jefferson, letter to William Johnson, 12 June 1823 "To disarm the people...s the most effectual way to enslave them." - George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788 "I ask who are the militia? They consist now of the whole people, except a few public officers." - George Mason, Address to the Virginia Ratifying Convention, June 4, 1788
Well regulated militia are exempt from State police power when keeping and bearing Arms for their State or the Union.
That is correct only for the organized militia. The UNORGANIZED militia based on codified law includes ALL ABLE BODIED MEN BETWEEN THE AGE THRESHOLD, and some women, and they all have the obligation to arm themselves in the event of tyrannical. government. In addition, ALL PRIVATE CITIZENS have the right to keep and bear arms for self protection, hunting, target shooting and all other sporting activities. They also have that right INDEPENDENT OF the militias. If you are below 45 it is YOUR OBLIGATION. I am 80 so my right to keep arms is based on natural right AND the 2nd amendment. I know you are against that, but puny human opinion does not change those facts no matter how much you object.
Why are gun control nuts so blase' about all the firearm violence and death. Evidence clearly shows that gun ownership has increased 56% while gun violence has gone down 49% between 1993 and 2014, even more between then and now. Another point is, why do gun control nuts make such preposterous demands? Law abiding gun owners tend to accept that we don't need real assault weapons, hand grenades, sawed off shot guns, full automatic weapons (Real assault weapons.
Wrong again! All law abiding citizens have a right to keep and bear arms and all are subject to state AND federal laws. Your ignorance is showing again Daniel. All able bodied citizens within certain age restraints ARE PART OF THE WELL REGULATED MILITIA of which there are two types, organized and unorganized. And again, BOTH ARE WELL REGULATED, ie codified by law.
"Well regulated militia do two things. 1. Provided States with control with an organized militia which can be federalize as needed. 2. Provided the entire country with a militia, of which almost 50 million unorganized militia, well regulated and as George Washington said, "Among the many interesting objects, which will engage your attention, that of providing for the common defence will merit particular regard. To be prepared for war is one of the most effectual means of preserving peace. A free people ought not only to be armed but disciplined; to which end a Uniform and well digested plan is requisite: And their safety and interest require that they should promote such manufactories, as tend to render them independent on others, for essential, particularly for military supplies." While many "quotes" from pro gun or anti gun are false or exaggerated, These have been verified as valid and accurate quotes. "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776 "I prefer dangerous freedom over peaceful slavery." - Thomas Jefferson, letter to James Madison, January 30, 1787 "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms." - Thomas Jefferson, letter to James Madison, December 20, 1787 "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776 "A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks." - Thomas Jefferson, letter to Peter Carr, August 19, 1785
Original words of the 2nd amendment which was trimmed down to make it easier to read, not change the meaning. The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall not be compelled to render military service in person. http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=001/llac001.db&recNum=227
Yes we are, and we have a duty to be personally armed to prevent a tyrannical government; and the right to self defense, providing meat for the table (which I do on my big electric scooter, mostly wild hog)
The 2nd amendment covers all of those things in addition to these, " we have a duty to be personally armed to prevent a tyrannical government; and the right to self defense, providing meat for the table (which I do on my big electric scooter, mostly wild hog)"
Those are natural rights and are secured in State Constitutions. The first clause of our Second Amendment, declares the Intent and Purpose for the second clause.
No Daniel, the first amendment says nothing about the right of the people to bear arms, which is guaranteed in the 2nd amendment. - - - Updated - - - Wrong Daniel, the first and second clause are dependent clauses, supporting the right of the people to keep and bear arms.
Our First Amendment secures the right to petition government regarding perceived "tyranny", it is not in our Second Amendment. I am not wrong. Natural rights are recognized and secured in State Constitutions. The People have a right to keep and bear Arms for defense of self and property. Only well regulated militia may not be Infringed when keeping and bearing Arms for their State or the Union.
Those are natural rights also secured in the US Constitution. It is one of the clauses declaring a single intent. The clause, "the right of the people to keep and bear arms" is another, both of which relate to the clause, "shall not be infringed." The many quotes from the founders prove that intent.
Based on the polling and the high degree of liberals that inhabit this site, I would say the second amendment is here to stay.
no they are not. Only Due Process is secured in our federal Constitution. Natural rights already cover that topic. It is not a federal issue. - - - Updated - - - No one is trying to get rid of the Second Amendment. The problem is, gun lovers simply refuse to love their Republic as much as they claim to love their guns.
I would be against the ratification of such as amendment as it seems like it would totally ban the possession of firearms in the United States. I believe that people have a right to own firearms but the sale of them should definitely be more strictly regulated.
How could the sale of firearms, which is already covered by significant laws at the federal and even state level, be anymore strictly regulated than it already is?
The foundation for the 2nd Amendment is the natural right of self defense but it does not grant an express protection of firearms. It refers to "arms" and not "firearms" that are a specific form of "arms" and arguably if a non-lethal weapon equal to or more effective than a lethal firearm is ever invented (e.g. the Star Trek stun gun) then firearms would no longer be necessary for self-defense. If firearms are not necessary for self defense then the 2nd Amendment protections for firearms based upon that purpose also disappears.
If fifteen people had rushed the guy with the gun, at least one of them might have been able to stab him with a sword cane, but, oops, those are illegal. Once again, the Second is not about self defense, it is about protecting and preserving "consent of the governed" with effective weapons needed for that purpose.
And the federal constitution. The 1st clause AND the second clause are subordinate to the part that says will not be infringed. IE Daniel both militia, and the people are BOTH NOT TO BE INFRINGED.
It is obvious you are not a constitutional scholar as your opinions about the 1st amendment and the 2nd amendment are bunk. As to state constitutions, they are trumped by the US constitution. Especially distasteful in those matters which the federal government has usurped many rights guaranteed in the 9th and 10th amendments.
Of course it is. No matter what congress tries to do with the second amendment there is no way a more restricting amendment would be ratified by 3/4 of our sovereign states.