Bob_Skurka
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- Jul 1, 2003
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IslandTractor said:Since reading the rest of the thread, I do have a couple of other thoughts. I think those of you arguing for 2nd amendment rights have been listening to the NRA too long and not studying history. The 2nd amendment reads "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."
While the NRA emphasizes only the last 14 words, the U.S. Supreme Court and appeals courts have focused on "well-regulated militia" and "security of a free State" to rule that Second Amendment rights are reserved to states and their militias – e.g. the National Guards.
All federal appeals courts, whether dominated by liberals or conservatives, have agreed that the Second Amendment does not confer gun rights on individuals.
Ed, you are simply wrong on this one. In fact the courts rarely deal with the right to keep and bear arms but typically come down on the side of supporting private gun ownership, especially as the cases move up the appeals process. The most recent and noteable case was just about 2 months ago.
Washington D.C. 31 year old gun ban was recently declared unconstitional, Parker v. District of Columbia, Senior Judge Laurence H Silberman was unambiguous:
"We conclude that the Second Amendment protectes an individual right to keep and bear arms."
"In determining whether teh Second Amendment's guarantee is an individual one, or some sort of collective right, the most important word is the one the drafters chose to describe the holders of the right -- 'the people.' That term is found in the First, Second, Fourth, Ninth and Tenth Amendments."
It has never been doubted that these provisions were designed to protect the interests of individuals against government intrusion, interference or usurpation."
Ed, for the record, prior to this post, everything that I have quoted in this thread came from the Brady Campaign to End Gun Violence (the new iteration of Handgun Control, Inc). The above quotation came from the New York Times, 3/14/2007."In determining whether teh Second Amendment's guarantee is an individual one, or some sort of collective right, the most important word is the one the drafters chose to describe the holders of the right -- 'the people.' That term is found in the First, Second, Fourth, Ninth and Tenth Amendments."
It has never been doubted that these provisions were designed to protect the interests of individuals against government intrusion, interference or usurpation."
But now here is the wording of the Indiana Constitiution on guns, there is nothing else written about guns anywhere in our constitution:
Section 32. The people shall have a right to bear arms, for the defense of themselves and the State.
I would suggest that if you think some of the things you think, take a look at the Federalist Papers, they have been cited by the Supreme Court over 300 times in cases and, short of our Constitution, are the most refered to work in constitutional law by the Supreme Court Justices.
Now on the other hand, the Brady Campaign, (yes there is some fun reading on that website) in its brief to support the DC gun ban, cited as relevant a royal edict issued by the King of England over the Colonists of Maryland that prohibiited the ownership of handguns by Catholics.