Friday, June 14, 2013

Understanding The 2nd Amendment


THESE ARE NOT MY PERSONAL COMMENTS---

The 2nd Amendment---From Corwin and Peltason's Understanding the Constitution (7th Edition) pg 144

Pg 144 Militia and the Right to Bear Arms

“”A well regulated Militia, being necessary to the security of a free State (this refers to “”state”” in the generic sense rather to states of the Union), the right of the people to keep and bear Arms shall not be infringed.””

There has been no definitive ruling on the matter, but the weight of opinion of most informed commentators is that the amendment was designed to prevent Congress from disarming the state militias, not to prevent it from regulating private ownership of firearms. In upholding a federal law making criminal the shipment in interstate commerce of sawed-off shotguns, the Court found no evidence that such weapons had any reasonable relationship “”to the preservation or efficiency of a well regulated militia.”” The Second Amendment, it held, “”must be interpreted and applied”” with a view to maintaining a militia. “”The Militia which the States were expected to maintain and train is set in contrast with Troops which they were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia—civilians primarily, soldiers on occasion.”” (note 124 from US v Miller 1939)

The Supreme Court has never listed this amendment as being one of those provisions of the Bill of Rights that limits the power of the state governments. As Justice Douglas wrote in an opinion dissenting on another point, “”A powerful lobby dins into the ears of our citizenry that…gun purchases are constitutional rights protected by the Second Amendment…There is under our decisions no reason why stiff state laws governing the purchase and possession of pistols may not be enacted. There is no reason why a State may not require a purchaser of a pistol to pass a psychiatric test. There is no reason why all pistols should not be barred to everyone except the police.”” (note 125 from Adams V. Williams 1972)



AMENDMENT 2

BEARING ARMS

Amendment 2
""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.""
The protection afforded by this amendment prevents infringement by Congress of the right to bear arms for a lawful purpose, but does not apply to such infringement by private citizens. For this reason an indictment under the Enforcement Act of 1870,[1] charging a conspiracy to prevent Negroes from bearing arms for lawful purposes was held defective.[2] A State statute which forbids bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, does not abridge the right of the people to keep and bear arms.[3] In the absence of evidence tending to show that possession or use of a shotgun having a barrel of less than 18 inches in length has some reasonable relationship to the preservation or efficiency of a well regulated militia, the Court refused to hold invalid a provision in the National Firearms Act[4] against the transportation of unregistered shotguns in interstate commerce.[5]


MILITIA ACT 1792  http://www.constitution.org/mil/mil_act_1792.htm

MILITIA under control of President (as Commander in Chief) and Congress---NOT to fight government tyranny




 WEAPONS and laws of Militia


ANOTHER great piece on MILITIA, 2nd Amendment and what Founders had in mind

http://www.saf.org/lawreviews/fieldsandhardy.html  

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