The 2nd Amendment

Discussion in 'Gun Control' started by 6Gunner, Mar 22, 2019.

  1. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Why wouldn't it sound right?

    "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; but the fact that a well regulated Militia is necessary to the security of a free State is not the reason that the right of the people to keep and bear Arms shall not be infringed."

    Makes perfect sense, actually.
     
    An Taibhse likes this.
  2. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    "I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power." -Hamilton. Federalist 84.

    Good point, Alexander. There is no power granted to restrict the carrying of weapons by the people of the several states.
     
    roorooroo likes this.
  3. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    it would if All people were well regulated militia.
     
  4. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    the several States have recourse to their Traditional police power.
     
  5. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    The states gave their union no power to restrict the acquisition, possession, or carrying of weapons by the people of the several states.
     
    roorooroo and Turtledude like this.
  6. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    The several States have recourse to their own traditional police power in federal venues within their own State.

     
    Last edited: Mar 29, 2019
  7. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Okay, but I was talking about the general government. The states never gave the general government any power to restrict the acquisition, possession, or carrying of weapons by the people of the several states.
     
  8. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    42,992
    Likes Received:
    18,964
    Trophy Points:
    113
    Because it's contradictory. If a militia is necessary for the security of a free state, than why are we talking about bearing arms if not to protect it?
     
  9. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Because people have the right to keep and bear arms?
     
  10. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    it doesn't. it is up to the States if not expressly enumerated.
     
  11. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Exactly, the states never gave their general government any power to restrict the acquisition, possession, or carrying of weapons by the people of the several states.
     
  12. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    we have a Second Amendment and should have no security problems in our free States. muster the militia if necessary.
     
  13. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    natural rights are recognized and secured in State Constitutions, not our federal Constitution.
     
  14. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Good. So the general government's laws regarding arms are not legal. I'm glad we agree.
     
    Last edited: Mar 29, 2019
  15. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    you mean external to the federal districts?
     
  16. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    District. Yeah.
     
  17. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    Congress can legislate gun control in the federal districts.
     
  18. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    So DC. Okay.
     
  19. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    all of the federal districts.

     
  20. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Cool. So, in Pennsylvania, I don't have care about federal districts.
     
  21. Reality

    Reality Well-Known Member

    Joined:
    Jun 12, 2014
    Messages:
    21,630
    Likes Received:
    7,708
    Trophy Points:
    113
    No it does not. As stated that is individual rights language.
     
  22. Turtledude

    Turtledude Well-Known Member Donor

    Joined:
    Mar 9, 2015
    Messages:
    31,411
    Likes Received:
    20,841
    Trophy Points:
    113
    Gender:
    Male
    I don't think he is able to even understand the stuff he posts, since they are one liners that are often contradictory to other one liners he has posted. I know he doesn't appear to understand the arguments we make, even though they have been standards in the pro-rights advocacy for decades.
     
    Longshot likes this.
  23. ralfy

    ralfy Active Member

    Joined:
    Oct 17, 2013
    Messages:
    659
    Likes Received:
    39
    Trophy Points:
    28
    Of course, because that was never the intent of 2A. "Regulated" refers to better training of militias needed to supplement the standing army. But as 1812 revealed, even that was not good enough, which is why with the last Militia Act the National Guard was formed, thus making 2A irrelevant.
     
  24. ralfy

    ralfy Active Member

    Joined:
    Oct 17, 2013
    Messages:
    659
    Likes Received:
    39
    Trophy Points:
    28
    From what I remember, there were three points that concerned the framers: the right to bear arms in general, the use of state militias, and the need to keep the standing army small. They settled the matter through 2A, which protected the right to bear arms (because it's based on the natural right to defend oneself) and then used that to justify the formation of regulated militias. The intent of the latter is given in Art. 1 Sec. 8. The manner by which they would be formed is given in the Militia Acts.

    But like all natural rights, the right to bear arms may be abridged (i.e., limited for one reason or another), and that's determined by statutes and majority vote.
     
  25. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    But the constitution gives congress no legislative authority to restrict the ability of the people of the several states from acquiring, possessing, or carrying arms.
     
    Last edited: Mar 30, 2019

Share This Page