90 replies to this topic

[belercous]

Bud; Simply having a different opinion about what the 2A originally meant is not being anti-gun. It's kind of strange for someone who's "anti-gun" to own over 60 of them, and who has a permit to carry (and does) in 24 states wouldn't you say? Your mischaracterization of me being "anti-2A" or "anti-gun" is something which I take as a personal insult, and I don't take much personally, nor am I easily insulted. I would appreciate it if you would revise your previous estimation of my "anti-" views.  

Mauser: Please tell me how the "recognized scholars" justify the original intent of the 2A to mean that an individual had a right to own a firearm if that individual's state decided s/he couldn't? How did the B.O.R., in 1789, grant such a right when the B.O).R. (then) was only a restriction on the federal gov., not the states? And what about the part about "A well regulated Militia, being necessary to the security of a free State...?" Notice the F.F.'s capitalized "State?" They didn't use the word "Nation" or "Country" or "United States."

The F.F.'s knew how to use words, yet nowhere in the Const. do they refer to the United States as a "State." The word "State" was used with specificity, it meant a state (such as Illinois is a state), not the nation as a whole. It would defy logic & history to claim that the 2A, as originally written & intended, meant that an individual had a right to own a firearm if his/her state said otherwise.

I point out that I've got a J.D. so as to give weight to my opinions on the Const. I've spent a lot of time studying the document. My opinions are not based upon emotion or someone else's word; I've done my own original research. Before I went to university & law school, I too had the belief that the 2A meant that everyone had a federal right to own a firearm. I also wondered why I couldn't "bear" a firearm. I was disabused of this notion when I began studying American history & the Const.
(I'm not an attorney because I don't care to work for a living. Something about enjoying my life & freedom. I don't know of anybody on their deathbed saying "I wished I'd have worked more.")

Lockman; You're correct, the states had the same basic outlook. But not totally. Something about slavery, Jim Crow, a lack of Due Process, etc. That's why SCOTUS has been "incorporating" much of the B.O.R. I have no issue with that.


Just so all know: I'm good with SCOTUS incorporating part of the 2A, it's been overdue considering the other Amendments. I'd like to see the 2A's "bear arms" clause get incorporated too.