HereWeGoAgain
Diamond Member
- Thread starter
- #41
And why would I worry about that?
So, here's the thing. They're playing you.
NRA-ILA | Concealed Carry | Right-to-Carry
Here's what they wrote here.
"Self-defense is a fundamental right, and the right to use firearms for self-defense is recognized by the Constitution of the United States"
Yes, all true. What they didn't say was that self-defense is a right protected by the Second Amendment.
What they did say was what the Supreme Court had said in the Heller case, which they know what it says and what it doesn't say, but they won't tell you that.
The right to keep and bears arms was put into the US Constitution for a reason. Each of the first 8 Amendments of the Bill of Rights was there to prevent the US Federal Government from doing things. These things weren't plucked out of thin air, they were there for a very real reason.
The First Amendment, or example.
Congress shall make no law establishing a religion.
It was there because the British Monarch was the head of the Church of England etc and this then led to repression of other people's religious persuasion.
Abridging the freedom of speech was because the British had repressed people's political thoughts in order to gain power over people.
Freedom of the press was because the British would limit freedom of the press to prevent political thought spreading.
Each of these had a reason for being there. Each reason was connected to politics.
The NRA knows this. Their legal people know this.
The Second Amendment doesn't read "People have the right to own arms and to walk around with them."
It starts with "A well regulated militia...." because this is the reason to have these protections. They're protecting the militia.
Now, before your brain starts going crazy, this argument is not the typical argument of "collective rights", it's not the argument that you need to be in the militia to have these rights.
The point is the reason why they had the right to keep arms was so the militia would have a ready supply of arms in the event of an emergency. Arms that the US Federal government could not touch.
If individuals (yes, individuals, you see I wrote individuals?) had their own weapons which the US government could not take away from them before due process, then the militia could use those weapons in the event the US Federal government went a little crazy, or bad, or mad, or whatever might pass.
So, the right to keep arms is the right to own weapons so the militia has a ready supply of weapons.
What about the right to bear arms?
Guns don't kill people, people do. Remember?
If the Federal government couldn't take away the guns from the militia. Perhaps it could take away the personnel. How useful would a militia be if it had lots of guns but no one to use those guns? It'd be pretty fucking useless.
So, the right to bear arms is the right of individuals (see, I wrote individuals again) to be in the militia. To be able to use those arms that are protected in militia service.
So, the right to bear arms is the right to be in the militia so the militia has a ready supply of personnel.
I can prove it too.
Amendment II: House of Representatives, Amendments to the Constitution
"but no person religiously scrupulous shall be compelled to bear arms."
They wanted this clause in the Second Amendment. But it was voted out.
Mr Gerry said about this clause:
"Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms."
So, he said the Feds could declare people religiously scrupulous and prevent them from bearing arms.
Now, either this means they could prevent people from being in the militia, or it could mean they could prevent people from carry arms around.
Which is more likely to give the people in power the opportunity to destroy the constitution? The militia being ineffective or people carrying guns around?
Well, Mr Gerry said:
"Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."
Do we think Mr Gerry thought it was carry guns around? Nah, he's talking about preventing people being in the militia.
Mr Gerry also said:
"Now, if we give a discretionary power to exclude those from militia duty who have religious scruples, we may as well make no provision on this head."
Right, so, Mr Gerry to "prevent them from bearing arms" and changed it to "exclude those from militia duty".
Mr Jackson said: "by inserting at the end of it, "upon paying an equivalent, to be established by law.""
Would you demand people pay an equivalent because they refused to carry arms around with them at all times? No. There's nothing demanding people carry arms around with them at all times.
But not carrying out militia duty however, might be considered worthy of paying an equivalent.
"Mr. Jackson was willing to accommodate. He thought the expression was, "No one, religiously scrupulous of bearing arms, shall be compelled to render military service, in person, upon paying an equivalent.""
See here, Mr Jackson used "bear arms" synonymously with "render military service".
So, you have a document, from the FOUNDING FATHERS in the HOUSE debating the future of the Second Amendment.
Not once did they talk about carrying arms. But lots of times they talked about the term "bear arms" to mean "render military service" or "militia duty".
The Amendment begins with "A well regulated militia".
It's about protecting the militia from the US govt. It does so by protecting the individual rights to own weapons and to be in the militia.
It does NOT protect the right to self defense. Self defense is in the Constitution, just not in the Second Amendment. The same as the right to privacy is in the Constitution but not specifically stated.
This Supreme court case PRESSER v. STATE OF ILLINOIS, 116 U.S. 252 (1886) was made long before the NRA started to play silly beggars with the Amendment.
"We think it clear that the sections under consideration, which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities [116 U.S. 252, 265] and towns unless authorized by law, do not infringe the right of the people to keep and bear arms."
They stated that the Second Amendment does NOT protect the right of people to carry arms around with them.
This case also states a similar thing ROBERTSON v. BALDWIN, 165 U.S. 275 (1897)
“the right of the people to keep and bear arms (article 2) is not infringed by laws prohibiting the carrying of concealed weapons;”
Even George Washington in SENTIMENTS ON A PEACE ESTABLISHMENT, 1783 used language that makes it clear that "bear arms" is "Military duties"
"by making it universally reputable to bear Arms and disgraceful to decline having a share in the performance of Military duties; in fine, by keeping up in Peace "a well regulated, and disciplined Militia," we shall take the fairest and best method to preserve, for a long time to come, the happiness, dignity and Independence of our Country.“
All in all the NRA know that the 2A does not protect a right to carry arms. This is why they don't fight the carry and conceal permits. They know they'll never win a court case that directly goes after making "carry arms" mean "bear arms".
Yet at the same time they're stringing their followers along. They're using clever language to hide the fact that they know there is no right to carry arms. But they'll tell you in a round about way that there is. Just not in terms that they think can bite them on the ass.
Dont smoke crack!!!!
That's all you've got? Someone posts FACTS and all you can do is make some snide high school type remark?
No argument in counter to this? No. Just insults.
What a fucking surprise. The same as 2Aguy.
Not my problem you hate the 2nd amendment.
Oh, now I've gone from smoking crack to hating the 2nd Amendment.
Would you care to actually debate this or just keep flinging the insults?
Who else is fighting for our 2nd amendment?