Assault Weapons Ban would be unconstitutional. "A State Militia must be maintained and well regulated"

Only well regulated militia of the whole People, a few public officials excepted, have literal recourse to our Second Amendment when keeping and bearing Arms for their State or the Union, unlike the unorganized militia of the rest of the whole People as Individuals.
FALSE!!!

There are no such qualifiers in the literal text of the 2A.

Let's look at grammar again, Dan:

A _______ being necessary for _____________, the right of the people to keep and bear arms shall not be infringed.

You can fill in the blanks with whatever the fuck you want and it will not change the operation of the 2A, PERIOD!!!! You cannot modify the 2A with the fucking Dick Act. Don't be stupid.
There is no appeal to ignorance of express law. The first clause clearly proclaims what is necessary to the security of a free State and it is most definitely not, the unorganized militia of the People.
Who said it's not the unorganized militia? That term never emerged until the fucking DICK ACT!!!

It does not matter what is proclaimed necessary. Hyena teet sucking could be deemed necessary and it would still not change the second clause.

I don't know how many times we have to go over this, but it is simple grammar.
 
However did you come up with Your right wing fantasy and propaganda from a literal interpretation of our Second Amendment?
The Second Amendment is, literally, part of the Constitution of the United States, and, literally, is what it is, to be interpreted as the letter of the law by people who can actually read.

Golly gee whiz, I didn't "literally" commit a crime, but you and your ilk of left-wing fascists are still going to put me in prison because I might have "figuratively" committed a crime, but not "really" done anything wrong.

The letter of the law of the U.S. Constitution is not "right wing fantasy." Get off the weed and grow up.
Talk to your State legislators.

We have a Second Amendment and should have no security problems in our free States.

The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.

But if you do not prevent federal firearms laws from disarming the People, then you no longer have a free State any free states.
Then you have a federal dictatorship with arbitrary powers the people do not have and did not delegate.
A self authorizing federal government is the exact definition of an illegal dictatorship that is treason in a democratic republic.
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Organized militia can muster at the local armory to get issued their Arms.
Historically inconsistent and incorrect.
 
The mention of a well-regulated militia or its necessity is not a bar to the people's gun rights.
No. Bit it is the only FEDERAL protection of them...as it regards to a Well Regulated Militia...no matter what Scalia said in his judicial activist ruling
That's bullshit.

The federal government is barred completely by the 2A. You fucking know that's the truth. You just hate pissing yourself at the sight of a gun.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Amendment II.

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.

If you are going to quote a document get it correct. This was written in 1787 and a lot has changed. There is no militia anymore and hasn't been for over a hundred years. The national guard is there and they are armed.
 
The mention of a well-regulated militia or its necessity is not a bar to the people's gun rights.
No. Bit it is the only FEDERAL protection of them...as it regards to a Well Regulated Militia...no matter what Scalia said in his judicial activist ruling

Nonsense.
There automatically is protection against federal abuse or infringement of EVERYTHING not explicitly allocated to federal jurisdiction in the articles of the body of the constitution.
The fact it is ALSO mentioned as a specific right that the federal government is denied any jurisdiction on is just frosting on the cake.

Does not matter WHY there is a 2nd amendment ban on all federal firearm legislation.
No where in the body of the constitution is any such jurisdiction granted, so then there can be no federal firearms laws.
 
Well, well, well, what do you know? Another liar and another lawyer in trouble with the bar.
There are not any rights in the Bill of Rights, only restrictions on the federal government.
To wit, the right of the people to keep and bear Arms, an absolute right which namely shall not be infringed, by federal, state, borough, municipal, county, city, or any other government.
Well regulated militia of the People have literal recourse to our Second Amendment when keeping and bearing Arms for their State or the Uion, unlike the unorganized militia as Individuals of the People who are subject to the police power of their State.

Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Illinois State Constitution)

I don't get why you keep making "individuals" bold and italic because it destroys your argument?
And individual rights is supreme and can't ever be infringed upon by any legal of government.
There is nothing higher in law than an individual right.
So something that is an individual right like firearms, can not have any federal laws restricting it at all.
Only well regulated militia are expressly declared necessary not optional to the security of a free State.

Yes, and "well regulated" means armed and familiar with the use of those arms.
The "well regulated militia" is all of the people except for federal employees.
 
However did you come up with Your right wing fantasy and propaganda from a literal interpretation of our Second Amendment?
The Second Amendment is, literally, part of the Constitution of the United States, and, literally, is what it is, to be interpreted as the letter of the law by people who can actually read.

Golly gee whiz, I didn't "literally" commit a crime, but you and your ilk of left-wing fascists are still going to put me in prison because I might have "figuratively" committed a crime, but not "really" done anything wrong.

The letter of the law of the U.S. Constitution is not "right wing fantasy." Get off the weed and grow up.
Talk to your State legislators.

We have a Second Amendment and should have no security problems in our free States.

The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.

The reason we should have no security problems in our free states is because the federal government is supposed to be prohibited from any jurisdiction.
The unorganized militia has already proved itself to be worthless to the security of our free States.

Nonsense.
It was the unorganized militia that fought at Bunker Hill.
Most of the American Revolution was fought by unorganized militia.
Name when the unorganized militia has ever proved worthless.
And there can be no organized militia if there is not an unorganized militia first, to draw from.
 
Organized militia can muster at the local armory to get issued their Arms.
Be that as it may, the RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS -- with or without military conscription -- with or without any formal organization of “The Militia” -- with or without access to official government armories -- is absolute and SHALL NOT BE INFRINGED.
Well regulated militia of the People have literal recourse to our Second Amendment when keeping and bearing Arms for their State or the Union. Only the unorganized militia complains about gun control laws meant specifically for them as individuals unconnected with the organized militia.

The main point of a population bearing arms is NOT for the state or country, but for home defense.
Back then it was the rifle or shotgun over the mantle.

Anyone who reads history or the Constitution complains about any federal gun laws, because they clearly are illegal and abusive, and needed only by a criminal police state.
 
Well regulated militia of the People have literal recourse to our Second Amendment when keeping and bearing Arms for their State or the Union. Only the unorganized militia complains about gun control laws meant specifically for them as individuals unconnected with the organized militia.
You are infinging on a fundamental constitutional right of the people -- which shall not be infringed -- with all your marijuana-addled nonsense in a court of law.
There is no appeal to ignorance of the law. Only well regulated militia of the whole People may not be Infringed when keeping and bearing Arms for their State or the Union. It says so in our Second Amendment.

That makes no sense at all.
The Bill of Right is prohibitions against infringement, not granting anything.
So when it says "the Right of the People to bear arms shall not be infringed", it clearly is talking about ALL the people.
It is not leaving anyone out.
It is not saying the federal government can infringe upon the gun rights of anyone.
It is saying the People have rights to guns.
It is not referring to federal or even state men at arms, because it would make no sense to say that the federal government shall not disarm its own troops.
Clearly the 2nd amendment is only necessary to defend the rights of those who the federal government may try to disarm if it became corrupt. And that has to be the unorganized militia, the People in general.
 
Well, well, well, what do you know? Another liar and another lawyer in trouble with the bar.
There are not any rights in the Bill of Rights, only restrictions on the federal government.
To wit, the right of the people to keep and bear Arms, an absolute right which namely shall not be infringed, by federal, state, borough, municipal, county, city, or any other government.
Well regulated militia of the People have literal recourse to our Second Amendment when keeping and bearing Arms for their State or the Uion, unlike the unorganized militia as Individuals of the People who are subject to the police power of their State.

Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Illinois State Constitution)

I don't get why you keep making "individuals" bold and italic because it destroys your argument?
And individual rights is supreme and can't ever be infringed upon by any legal of government.
There is nothing higher in law than an individual right.
So something that is an individual right like firearms, can not have any federal laws restricting it at all.
Only well regulated militia are expressly declared necessary not optional to the security of a free State.

Yes, and "well regulated" means armed and familiar with the use of those arms.
The "well regulated militia" is all of the people except for federal employees.
Article 1 Section 8 clause 15/16 describes that Well Regulated Militia
 
Isn't the national guard the state militia? A bunch of random yahoos with guns is neither a "state militia," nor is it "well regulated."

Mostly. Some states recognize several. Nothing wrong with joining a gun club if you want to learn how to safely and responsibly use firearms, or a knitting club.....whatever floats your boat!

Since there are over 1 million successful violent crimes a year according to the DOJ, then the MAIN point of gun rights are for individual defense and home defense. The reality is no state or country has actually been attacked since 1812.
It is the army and National Guard we could dispense with if we wanted to, not individua defense.
 
Isn't the national guard the state militia? A bunch of random yahoos with guns is neither a "state militia," nor is it "well regulated."

Mostly. Some states recognize several. Nothing wrong with joining a gun club if you want to learn how to safely and responsibly use firearms, or a knitting club.....whatever floats your boat!

Since there are over 1 million successful violent crimes a year according to the DOJ, then the MAIN point of gun rights are for individual defense and home defense. The reality is no state or country has actually been attacked since 1812.
It is the army and National Guard we could dispense with if we wanted to, not individua defense.
That may or may not be true but has nothing to do with the 2A
 
The federal government is barred completely by the 2A. You fucking know that's the truth
So how is it that machine guns are banned and regulated?
You just hate pissing yourself at the sight of a gun.
You mean the four that I own?

Federal laws does not ban machine guns, but they have made them too high priced for most people.
Which is totally and completely illegal.
How that happened is the same way the illegal Spanish American War, the Philippine Rebellion, WWI, etc. happened.
The federal government committed crimes and got away with it because the courts are in on the corruption.
 
Well, well, well, what do you know? Another liar and another lawyer in trouble with the bar.
There are not any rights in the Bill of Rights, only restrictions on the federal government.
To wit, the right of the people to keep and bear Arms, an absolute right which namely shall not be infringed, by federal, state, borough, municipal, county, city, or any other government.
Well regulated militia of the People have literal recourse to our Second Amendment when keeping and bearing Arms for their State or the Uion, unlike the unorganized militia as Individuals of the People who are subject to the police power of their State.

Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Illinois State Constitution)

I don't get why you keep making "individuals" bold and italic because it destroys your argument?
And individual rights is supreme and can't ever be infringed upon by any legal of government.
There is nothing higher in law than an individual right.
So something that is an individual right like firearms, can not have any federal laws restricting it at all.
Only well regulated militia are expressly declared necessary not optional to the security of a free State.

Yes, and "well regulated" means armed and familiar with the use of those arms.
The "well regulated militia" is all of the people except for federal employees.
Article 1 Section 8 clause 15/16 describes that Well Regulated Militia

Wrong.
It only talks about the "militia" and calling it up for duty.
It does not define what "well regulated" means.
And that is central to the disagreement.
DanielPalos is claiming ONLY the called up Militia has arms rights or protections.
Which makes no sense, because if the whole population does not, then it would not be called a right but a privilege, and there would be no armed general population to be able to draw on for the organized Militia.

{...
(Clause 15 – The Militia)

[The Congress shall have Power] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

(Clause 16 – The Militia)

[The Congress shall have Power] To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
 
Isn't the national guard the state militia? A bunch of random yahoos with guns is neither a "state militia," nor is it "well regulated."

Mostly. Some states recognize several. Nothing wrong with joining a gun club if you want to learn how to safely and responsibly use firearms, or a knitting club.....whatever floats your boat!

Since there are over 1 million successful violent crimes a year according to the DOJ, then the MAIN point of gun rights are for individual defense and home defense. The reality is no state or country has actually been attacked since 1812.
It is the army and National Guard we could dispense with if we wanted to, not individua defense.
That may or may not be true but has nothing to do with the 2A

Do not need the 2nd amendment.
What I just showed is that the 4th and 5th amendments make federal firearm restrictions illegal.
That is in addition to the 9th and 10th, which also make federal gun laws illegal because the acticles do not authorize them.
 
It does not define what "well regulated" means.

(Clause 15 – The Militia)

[The Congress shall have Power] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

(Clause 16 – The Militia)

[The Congress shall have Power] To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
It describes what a Well Regulated Militia is, what it's make up is, and it's uses.

NONE match your claims
 
Federal laws does not ban machine guns,

they have made them too high priced for most people.
Which is totally and completely illegal.
A. You can not buy a machine gun made after 1986.

B. Take it to the SCOTUS. It's fact
Wrong.
There are several ways to obtain a machine gun made after 1986.
One is by getting an class 3 FFL (federal firearms license), and the another is with by paying an SOT (special occupational tax).
How do you think companies design, research, and test new machine gun designs?
Individuals have to be able to own them because otherwise no one could make them at all.
 
It does not define what "well regulated" means.

(Clause 15 – The Militia)

[The Congress shall have Power] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

(Clause 16 – The Militia)

[The Congress shall have Power] To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
It describes what a Well Regulated Militia is, what it's make up is, and it's uses.

NONE match your claims

No it does NOT!
The words "well regulated" do not at all appear anywhere, ever.

And it is clear this article is about being able to call up the unorganized militia into active duty, essentially the draft.
Which would normally be useless in emergencies if the people are not already armed.
So clearly the 2nd amendment is about the feds being barred from any gun laws.

And it is silly to say that none of the descriptions of the organized militia match my claims about the unorganized militia. Of course they do not match, because they are for different purposed. The unorganized militia is to defend yourself, your home, your city, etc. The Organized Militia is to fight a foreign invasion or over seas. They are clearly multiple different uses. But you have NO organized or unorganized militia if you allow federal gun laws. So the founders correctly banned any federal jurisdiction over firearms.
 

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