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  #106 (permalink)  
Old 12-12-2006
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Eagle88 Eagle88 is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by danielpalos View Post
Gun lovers keep missing the point. The point is that anyone who keeps and bears arms (assuming adult status) , can be in a militia; and can therefore, be well regulated. It was left to the states, to administer the wellness of regulation of people who keep and bear arms.
If I understand you, you are stating that the federal government cannot pass laws regulating guns but that the states can?

So as an honest question (I'm not bashing or necessarily disagreeing) would you consider all of the amendments of the Bill of Rights to be applying only to the federal government but leaving the states open?
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  #107 (permalink)  
Old 12-12-2006
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Re: The 2nd Amendment does not guarantee any individual rights

The part of the 2nd that mentions militias, is not a condition on the right to KBA. It is merely an explanation.

The 2nd amendment in modern language would read:

Since an armed and capable populace is necessary for security and freedom, the right of ordinary people to own and carry guns and other such weapons, cannot be taken away or restricted.

This has exactly the same meaning as the one written in the 1700s.

If the Good Witch of the North were to wave her magic wand and suddenly an armed populace were NOT necessary for security and freedom, the 2nd amendment would still mean that the RKBA cannot be taken away or restricted.

People who insist that the right is only for militias, know this, of course. At least the ones who didn't flunk English 101 do. But they are bound and determined to remove or at least control all the guns in law-abiding citizens' hands, so they keep pushing their lie and pretending they think it says something else.
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  #108 (permalink)  
Old 12-12-2006
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by danielpalos View Post
Perhaps, you can point out where it states in our constitution; that people who keep and bear arms cannot be well regulated, as in a militia of people who keep and bear arms.
BZZZT! Wrong answer (although that IS in there in a way)

If you are of the belief that the government has the authority to control the lawful private ownership of weapons, then the onus is upon YOU to cite the section of the US Constitution which grants that authority to government.

You see - as has been REPEATEDLY pointed out to you - government powers are specifically itemized and that which is not granted is forbidden.
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  #109 (permalink)  
Old 12-12-2006
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by Eagle88 View Post
If I understand you, you are stating that the federal government cannot pass laws regulating guns but that the states can?

So as an honest question (I'm not bashing or necessarily disagreeing) would you consider all of the amendments of the Bill of Rights to be applying only to the federal government but leaving the states open?
Ahem...the Bill of Rights does apply to the states as well.

As I am certain you are aware Eagle, regardless of Article VI, and ignoring the 14th Amendment, the 1st Amendments construction (and a decent understanding of history) makes this quite clear.

Has anyone ever wondered exactly WHY the 1st Amendment states "Congress shall make no law..." and yet the rest dont have that restriction?

Simple - in the late 18th century, the states most certainly could (and in fact, some did) have state religions and/or religious tests/requirements for holding office. Had the 1st Amendment not been restricted to Congress in such a fashion, those states would likely have not ratified the Bill of Rights and would very likely not remained in the union.
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  #110 (permalink)  
Old 12-12-2006
danielpalos danielpalos is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by DHard3006 View Post
No you are doing this gun hater. You have changed your chant. Your only goal is to regulate the right to bear arms.
I am not in a militia. I am never going to be in a militia.
The 2nd amend does not say the right of the militias. The 2nd amend states “the right of the people”
No where in the 2nd amend or any other document is a law, edit, or regulation that demands a person must be in a militia to exercise their right to bear arms.
Only Gun lovers would use that sophistry. How many militias, are you aware of, that are not composed of people.
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  #111 (permalink)  
Old 12-12-2006
danielpalos danielpalos is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by Eagle88 View Post
If I understand you, you are stating that the federal government cannot pass laws regulating guns but that the states can?

So as an honest question (I'm not bashing or necessarily disagreeing) would you consider all of the amendments of the Bill of Rights to be applying only to the federal government but leaving the states open?
From my understanding, it was left to the several states to determine how they want to administer their regulations (prescribed by congress) concerning the militia.

From this perspective, the states are free to regulate a militia of people who keep and bear arms. That is not the same thing as gun control. I am of the opinion, that the several states have no authority to regulate the private ownership of arms, outside of S8 and the Second Amendment; if that individual is actively participating in the militia.
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  #112 (permalink)  
Old 12-12-2006
danielpalos danielpalos is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by EricOKC View Post
BZZZT! Wrong answer (although that IS in there in a way)

If you are of the belief that the government has the authority to control the lawful private ownership of weapons, then the onus is upon YOU to cite the section of the US Constitution which grants that authority to government.

You see - as has been REPEATEDLY pointed out to you - government powers are specifically itemized and that which is not granted is forbidden.
Section 8, in the constitution delegates to the states, the ability to regulate (non-federal) people who keep and bear arms. If someone chooses to keep and bear arms, they are liable to regulation, as in a militia of people who keep and bear arms.
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  #113 (permalink)  
Old 12-12-2006
danielpalos danielpalos is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by Little-Acorn View Post
The part of the 2nd that mentions militias, is not a condition on the right to KBA. It is merely an explanation.

The 2nd amendment in modern language would read:

Since an armed and capable populace is necessary for security and freedom, the right of ordinary people to own and carry guns and other such weapons, cannot be taken away or restricted.

This has exactly the same meaning as the one written in the 1700s.

If the Good Witch of the North were to wave her magic wand and suddenly an armed populace were NOT necessary for security and freedom, the 2nd amendment would still mean that the RKBA cannot be taken away or restricted.

People who insist that the right is only for militias, know this, of course. At least the ones who didn't flunk English 101 do. But they are bound and determined to remove or at least control all the guns in law-abiding citizens' hands, so they keep pushing their lie and pretending they think it says something else.
I am of the opinion, that the word, "militia" has a specific meaning in the 2A. Would you agree that had the Founding Fathers written that a "mob" of the people were necessary for the security of a free state, we would not have any current misunderstandings regarding this amendment.

What you suggest about gun control is already happening, regardless of what some people think of a well regulated militia of people who keep and bear arms.
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  #114 (permalink)  
Old 12-12-2006
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by danielpalos View Post
Section 8, in the constitution delegates to the states, the ability to regulate (non-federal) people who keep and bear arms. If someone chooses to keep and bear arms, they are liable to regulation, as in a militia of people who keep and bear arms.
Really? I'd love to see the EXACT citation.
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  #115 (permalink)  
Old 12-12-2006
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DHard3006 DHard3006 is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by danielpalos View Post
Only Gun lovers would use that sophistry. How many militias, are you aware of, that are not composed of people.
Ah gun hater all you have to do is produce one law, edit, or regulation that states a person must be in a militia to exercise the right to bear arms.
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  #116 (permalink)  
Old 12-12-2006
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by danielpalos View Post
I usually like nasty rebuttals, only when coming from chicks. My prudish rebuttal to your argument; is, that a militia is the collective action potential enabled, collectively by individuals. Nowhere in the 2A is there any mention of a mob or anarchy of the people, being Necessary to the security of a free state. A well regulated militia, is not a mob or anarchy of individuals.

WTF is a militia? Is it an army? Or an organized armed citizenry?

Your "rebuttal" doesn't even address my argument, namely, that the right vests in THE PEOPLE.

Does the 2d Am not specifically state it is the RIGHT OF THE PEOPLE which shouldn't be infringed?

Sure, THE PEOPLE use their arms as part of the militia, but does that mean that when the fighting is over, they give them back? Come on.

I've witnesses high powered lawyers who've spent years researching this issue argue your point, and it sounds just as much a stretch when they try.

If you don't like it the way it is, why not try to amend around it? That's how you SHOULD change the constitution. Not by trying to destroy the plain meaning by making some obtuse interpretation.
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  #117 (permalink)  
Old 12-12-2006
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mpd8488 mpd8488 is offline
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Re: The 2nd Amendment does not guarantee any individual rights

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Originally Posted by Publius View Post
If you don't like it the way it is, why not try to amend around it? That's how you SHOULD change the constitution. Not by trying to destroy the plain meaning by making some obtuse interpretation.
BINGO!

The second amendment is quite clear, and even clearer is the original intent of the framers in outlining this right in the constitution.

There is no arguing around the fact that we have the right to bear arms.

If you don't agree, then you need to promote the changing of the constitution. No matter how hard one tries to interpret the 2A to allow gun control, history, the rest of the constitution, and the grammar of the English language (both modern and 18th century) are there arguing against it.
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  #118 (permalink)  
Old 12-12-2006
danielpalos danielpalos is offline
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Re: The 2nd Amendment does not guarantee any individual rights

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Originally Posted by EricOKC View Post
Really? I'd love to see the EXACT citation.
Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

...

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;
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  #119 (permalink)  
Old 12-12-2006
danielpalos danielpalos is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by Publius View Post
WTF is a militia? Is it an army? Or an organized armed citizenry?

Your "rebuttal" doesn't even address my argument, namely, that the right vests in THE PEOPLE.

Does the 2d Am not specifically state it is the RIGHT OF THE PEOPLE which shouldn't be infringed?

Sure, THE PEOPLE use their arms as part of the militia, but does that mean that when the fighting is over, they give them back? Come on.

I've witnesses high powered lawyers who've spent years researching this issue argue your point, and it sounds just as much a stretch when they try.

If you don't like it the way it is, why not try to amend around it? That's how you SHOULD change the constitution. Not by trying to destroy the plain meaning by making some obtuse interpretation.
A militia, is not an anarchy, or mob of individual people who keep and bear arms. If the 2A were an individual right, without an obligation, the 2A would simply read "The right of an anarchy or mob of the people, to keep and bear arms, shall not be infringed."
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  #120 (permalink)  
Old 12-13-2006
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DHard3006 DHard3006 is offline
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Re: The 2nd Amendment does not guarantee any individual rights

Quote:
Originally Posted by danielpalos View Post
Section 8
No where does it state a person must be in a militia to bear arms. That would be an infringement on the right to bear arms.
It does however say militias should be regulated.
Regulate the militias all you want gun hater, I am not in a militia.
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