Keep arguing. Were at an Impasse for a reason.
No reason not to, last time we came to the conclusion Guns are part of the US national identity and aren't going to go away so lets try to get somewhere this time.
"Gun control" is so fucking narrow minded and political it makes me sick. You can bring up "well this mental health bill was repealed by Trump!". I'm glad it was repealed because it was stripping people of their rights without enough information to warrant it. Yes I will say that again NOT ENOUGH INFORMATION TO INTRODUCE A BILL THAT WOULD STRIP PEOPLE OF THEIR CONSTITUTIONAL RIGHT. It was unconstitutional.
Cool. Lets take a look at the Second Amendment, as I'm from outa town I have no idea about it. I've heared "Second Amendment" many times in this discussion but have not actually read up on it. I may be a bit bumpkin so you'll have to correct me if i'm mistaken:
Q) So what does the Second Amendment, a constitutional right,
actually say?
A) "
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."
Okay, so the second amendment is about ensuring a well-regulated Militia is present because it is a
necessity in ensuring the security of the free states, so the right to keep and bear arms shall not be infringed to enable that Militia to exist. Says it right there. Seems like a "Well Regulated Militia" is required to ensure that the right to bear arms can exist so no Militia, no right.
Q) The first question I should ask is does the US actually still
have a Militia 200 years on?
A) Well as it turns out yes, according to the Militia Act 1903 it has two: the Orginised Militia and the Unorginised Militia.
https://en.wikipedia.org/wiki/Militia_Act_of_1903
- Organized militia – consisting of State militia forces; notably, the National Guard and Naval Militia. (Note: the National Guard is not to be confused with the National Guard of the United States.)
- Unorganized militia – composing the Reserve Militia: every able-bodied man of at least 17 and under 45 years of age, not a member of the National Guard or Naval Militia.
All good there, I could argue this one all I like, there are Militias so the Second Amendment is still valid - the right to keep and bear arms shall not be infringed. If you are not in the Orginised, you are in the Unorginised as long as you are the right age.
Q) So what is meant by a "
Well Regulated Militia"?
A)
James Madison: “A well regulated militia, composed of the people, trained to arms, is the best and most natural defense of a free country.” 1st Annals of Congress, at 434, June 8th 1789
https://www.quora.com/What-do-the-terms-‘arms’-‘well-regulated’-and-‘militia’-mean-in-the-Second-Amendment?share=1
Thanks James, that clears that up, it's composed of the people
trained to arms...
This now brings questions I can't find obvious answers to:
Q) As the Second Amendment was written about maintaining a Militia, and every person between 17 and 45 is in the unorginised militia
automatically, my question is does the second amendment, stating specifically "Well-Regulated" require every citizen who has the constitutional requirement to bear arms to be trained in those arms as the above quote from James suggests?
Considering this is the
Constitution I take it every American wishing to bear arms would be happy to submit to certain "well regulated" Milita regulations (because the Milita has to be well-regulated, its written right there in the Second Amendment) like passing a firearms safety test to prove they are trained to arms, earning themselves a firearm license or other regulatory issued permit to prove they have been OK'd by the Milita to act on their behalf? As the Second Amendment is about maintaining a Well-Regulated Militia, it suggests that if a citizen hasn't had the training they are not part of the militia, and if they are not part of it does the amendment right to arms actually cover them? Remember the assumption is that everyone is in the Militia so "the right of people to bear arms" assumes they are all Militia members.
Also:
Q) The Unorginised Militia has an age limit. 17 to 45. Before the age of 17 do children have the right of access to arms considering they are not yet considered part of the Militia? And do those over the age of 45 who are not part of the Organised National Guard militia loose their protection under the Second Amendment, which is about the maintenance of a standing Militia?
Q) What disqualifies a person from Militia membership? Having a criminal record has been bought up as a disqualifier from owning a gun so I assume disqualifies from Militia membership? What else would? Being nuts would probably, but as the repeal, it doesn't seem to disqualify from gun ownership? In short a bit of consistency would probably help everyone. and as the Second Amendment is about creating a militia, would it be good to base gun ownership on ones validity of ones being part of a "Well Regulated" militia?
Cheers :slight_smile: