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To: untrained skeptic

Like you, I have always wondered what the phrase “shall not be infringed” means. The Second Amendment is the only place in the Constitution where that phrase appears so it would seem to have significant meaning for the Second Amendment only. Many would agree with reasonable restrictions on our rights, e.g, Freedom of Speech will not protect someone from libel or slander; age and residency requirements to vote, etc. But to me “shall not be infringed” has special meaning for the Second Amendment. But what does it mean? What is an arm? Is it a firearm only, not other weapons? I would guess that in this case the USSC will not address the “shall not be infringed” phrase.


3 posted on 05/08/2008 7:19:59 AM PDT by ops33 (Senior Master Sergeant, USAF (Retired))
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To: ops33
Yeah, the First Amendment uses the term "abridged." Makes you wonder why they used a different word in the Second Amendment to describe essentially the same prohibition (or is it?).

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

6 posted on 05/08/2008 7:36:56 AM PDT by PackerBoy (Just my opinion ....)
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To: ops33

Taken as it is written without modifiers it means that everyone is free to keep and bear arms. There can be no interference- by any entity- of that right to possess and carry brass knuckles, tasers, pistols, or thermonuclear devices. Historically that has included any available arms during the first century of the republic and individual citizens did, indeed, own cannons.


10 posted on 05/08/2008 7:51:33 AM PDT by arthurus
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To: ops33
It is also interesting to note that the scope of the 1st Amendment originally restricted Congress only (the first word of the 1st Amendment is "Congress") while the 2nd Amendment doesn't have that scope restriction. But the Constitution does allow fundamental rights to be restricted in the 5th Amendment, which reads:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

14 posted on 05/08/2008 8:53:27 AM PDT by Question_Assumptions
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To: ops33

Arms = anything and everything

Small arms fire = squad machine guns, crew-served weapons, rocket propelled grenades.

Basically everything


41 posted on 05/08/2008 7:34:50 PM PDT by wastedyears (The US Military is what goes Bump in the night.)
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