Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Second Amendment Comes Before the Supreme Court: The Issues and the Arguments
The Heritage Foundation ^ | March 14, 2008 | Nelson Lund, Ph.D.

Posted on 03/17/2008 10:45:40 AM PDT by EdReform

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 221-222 next last
To: robertpaulsen
A citizen militia still could be "well regulated"; what about the reference to the two types of militia mentioned in Title 10, United States Code:?

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

b) The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

41 posted on 03/17/2008 4:15:01 PM PDT by 45Auto (Big holes are (almost) always better.)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Sudetenland

Don’t forget Ruby Ridge or Waco.


42 posted on 03/17/2008 4:23:22 PM PDT by Lancer_N3502A
[ Post Reply | Private Reply | To 13 | View Replies]

To: xmission

I think it will be interesting to watch the nation implode if the damn SC rules against the individual RKBA; states like California and Massachusetts (among others) would surely try to enact a ban/confiscation on handguns. I don’t think any government, state or federal, has the resources nor the manpower to collect guns from the near 150 million citizen who have them.


43 posted on 03/17/2008 4:27:09 PM PDT by 45Auto (Big holes are (almost) always better.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: 45Auto

(1) is protected. (2) is not.


44 posted on 03/17/2008 5:38:03 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 41 | View Replies]

To: robertpaulsen

Historical writings on the subject by the guys who wrote the B of R suggests that arms in the hands of the citizenry are protected. I guess we’ll find out by midyear. God help the SOB who has to go around and collect those items should this court act in a collectively stupid manner.


45 posted on 03/17/2008 5:45:04 PM PDT by 45Auto (Big holes are (almost) always better.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: umgud

“I won’t confuse what I want the outcome to be with what it may be. I’m on pins & needles and don’t have a prediction.”

Exactly where I am on this, too.


46 posted on 03/17/2008 5:45:07 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
[ Post Reply | Private Reply | To 5 | View Replies]

To: NewJerseyJoe

That line stuck out for me, too.

I thought the argument was very very clear and persuasive. In addition, the judge’s decision writeup was incredible, and if I’m not mistaken, the USSC actually has to soundly dispute and refute that in order to overturn the decision.


47 posted on 03/17/2008 5:47:05 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
[ Post Reply | Private Reply | To 12 | View Replies]

To: robertpaulsen
What else can that be but a state Militia?

So you are postulating that the state can do what private individuals cannot do?

Like free America from the British and establish the United States of America?

48 posted on 03/17/2008 5:50:52 PM PDT by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
[ Post Reply | Private Reply | To 34 | View Replies]

To: robertpaulsen

Yeah, they are.


49 posted on 03/17/2008 5:52:05 PM PDT by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
[ Post Reply | Private Reply | To 44 | View Replies]

To: robertpaulsen

You need to go back to English Class, the “A well regulated militia being necessary to a free state,” does not say that only if you are a member of a militia do you have an uninfringable individual right to keep and bear arms. It is simply saying that one reason, among many others, that “the right to keep and bear arms shall not be infringed is that a well regulated militia is necessary to a free state.

Ravenstar


50 posted on 03/17/2008 6:02:17 PM PDT by Ravenstar (Reinstitute the Constitution as the Ultimate Law of the Land)
[ Post Reply | Private Reply | To 35 | View Replies]

To: EdReform

If they take their oath seriously they have to declare an individual right

If they think it needs to be redefined as per modern times then it should be done per the amendment process as laid out by the founders not by a SCOTUS convoluted ruling


51 posted on 03/17/2008 6:12:25 PM PDT by uncbob
[ Post Reply | Private Reply | To 1 | View Replies]

To: xmission

Yea, you should. The BATF has prosecuted people for MALFUNCTIONING FAL’s and only backed off when a FAL expert disassembled the weapon under question ON CAMERA and showed them that the firing pin had actually broken.

I think I have a HTS set lying around that I will give you, if I can find them and if you want them. Is it inch or metric?

Freep mail me with your address and the details.

BTW, has the supply of 7.62 NATO gotten any better?


52 posted on 03/17/2008 6:18:31 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Ravenstar
"It is simply saying that one reason, among many others, that “the right to keep and bear arms shall not be infringed is that a well regulated militia is necessary to a free state."

Ah. So there are other reasons. I'd guess self defense would be one. Hunting would be another.

If that's true, then why did the Founding Fathers only protect the right for "the people" -- adult, white, male citizens -- instead of "all persons" or even "all citizens"?

Why wasn't the right protected for teens and women? Surely they had a need to hunt and to defend themselves. What about foreign visitors?

53 posted on 03/17/2008 6:18:32 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 50 | View Replies]

To: xmission

PS I make custom high accuracy heavy barrels for a FAL. Let me know if you ever want one.


54 posted on 03/17/2008 6:19:17 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
[ Post Reply | Private Reply | To 38 | View Replies]

To: robertpaulsen
If that's true, then why did the Founding Fathers only protect the right for "the people" -- adult, white, male citizens -- instead of "all persons" or even "all citizens"?

How, other than bureaucratic word parsing, do we know they didn't? Within the collect supporting writings of the Founders on the subject, is there any reference that expresses those limits on the right to keep and bear arms?

55 posted on 03/17/2008 6:23:53 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 53 | View Replies]

To: tacticalogic
"How, other than bureaucratic word parsing, do we know they didn't?"

Bureaucratic word parsing? Is that what you think it is?

The Founders were quite specific when they wrote "the people". The people referred to a certain group of citizens. The DC Circuit Court in US v Parker cofirms this.

56 posted on 03/17/2008 6:34:35 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 55 | View Replies]

To: robertpaulsen

Pathetic.

Even for you.

Has a grown-up ever taken you to a range and taught you about firearms?

If you were ever lucky enough to procreate do you want your children to be unarmed?

Your posts suggest that you are one hell of a sheep.


57 posted on 03/17/2008 6:36:30 PM PDT by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
[ Post Reply | Private Reply | To 53 | View Replies]

To: Eaker
personally?

I have lived 57 years, and quite a full life.

I do not care if it is enumerated in the BOR or not. I will always defend my life, and those of my family, and anyone else who is having thier lives threatened if I am in a position to offer resistance.

I will do so with what is available.

Those who wish to prevent me from doing so, are in for some dynamic changes to their breathing apparatus.

The first bunch anyway.

58 posted on 03/17/2008 6:40:01 PM PDT by going hot (Happiness is a momma deuce)
[ Post Reply | Private Reply | To 49 | View Replies]

To: going hot

I am with you.


59 posted on 03/17/2008 6:47:03 PM PDT by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
[ Post Reply | Private Reply | To 58 | View Replies]

To: robertpaulsen
The Founders were quite specific when they wrote "the people". The people referred to a certain group of citizens. The DC Circuit Court in US v Parker cofirms this.

Do the supporting documents written by the Founders confirm this? Why rely on judicial opinions, written years later by jurists who weren't there? If you're going to look for writings to confirm that interpretation why not start with the source?

60 posted on 03/17/2008 6:49:49 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 56 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 221-222 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson