2aguy
Diamond Member
- Jul 19, 2014
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But, still... the federal government should have no gun laws. They are still ALL unconstitutional, as the intent of the 2A was to limit federal power.Before 2A was drafted, several colonists used firearms to defend themselves because they usually lived far from each other. At the same time, communities also established militias for various purposes, including slave patrols. The right to defend oneself was considered natural, with the right to bear arms connected to it and part of English common law.
After the Revolutionary War, Washington wrote about the poor quality of some militias.
While 2A was drafted and revised several times, framers debates on the need to avoid a large standing army, state rights to have their own armed groups, the desire to avoid tyranny, and threats including European invaders, whites who could rebel, slave riots, and Native Americans. They negotiated and ratified an amendment that argued that to ensure the availability of regulated militias, the right to bear arms would not be infringed. The idea sounds too obvious because several colonists were already armed and it was considered a natural right, part of the need for self-defense. This explains why 2A doesn't grant the right to bear arms but protects it: the right is natural and exists even without 2A, the Constitution, or even a nation. Still, the added something obvious because they wanted to show citizens that their right to defend themselves would not be infringed.
So, what's the connection between that and regulated militias? The framers didn't argue that the right to bear arms is granted by the government or that the right only exists if there are regulated militias. Rather, the right to defend oneself, which is natural, was used to justify the need to defend the country. Since they didn't want a large standing army, they resorted to militias, and since they didn't want ill-trained militias, they made sure that there were regulated ones.
What does "regulated" mean? It is defined in Art. 1 Sec. 8, which states who will organize these militias and their purpose, which is to serve the government.
How was the formation of regulated militias made operational? It is explained in the Militia Acts, which required all white males of a certain age range, and with few exceptions, to obtain battle rifles and report for training.
Thus, the purpose of 2A is not merely to protect the right to bear arms but to use it to ensure mandatory military service, which is what happened via the Militia Acts.
The problem is that what Washington complained about persisted as armies became more professional and complex. The country learned that the hard way during the War of 1812, when they realized that a small standing army with militias would not be enough to deal with professional armies. It still took awhile, even when blacks were included among males to serve given a subsequent Militia Act. But it was the last one, in 1903, that led to the formation of the National Guard, and eventually made 2A irrelevant. As military forces became increasingly complex, the country had to rely on reserves trained in the same way as the standing army, with conscription employed in case more troops were needed.
Today, what is left of 2A is the Selective Service System, where male citizens are merely required to register, with the government given the option to conscript them if necessary.
Until somebody amends the 2A, fed gov power over arms should be NOTHING. ZERO.
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Some want to simply ignore it and call it antiquated. That is improper.
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The only time the Feds should get involved is when the States are unable to do it themselves. For instance, the 1934 Firearms act. What good does it do for , just for argument sake, for Illinois to pass a similar full auto gun ban when they a crime boss can just step over the border into Indiana and buy the auto weapon and bring it back into Chicago and continue spraying the streets with them. It wasn't just a Chicago problem, it was also a problem of almost every metro city in the United States with Organized Crime. So the Feds do what the states can't do and pass a central law. Like it or not, that is about the only one that has ever withstood time. Sooner or later, look for them to pass the Universal Background Checks the same way. Bump Stocks are also being done the same way. If your states wants to play this silly assed "No Regulation Ever" game, then it just might come to pass that the other states might force the feds to go that route. And you ain't going to like the Interstate Commerce side of things.
I don't disagree with your reasoning, but any federal gun law is a bad idea because it was not what the constitution originally intended.
Another way it could have been handled would be for each state to prosecute people in its state who deliberately conspired to violate the laws of anther state.
That requires cooperation between states, but much better than a whole federal mechanism that can not ever really work well.
Another way would have been to simply not make full auto illegal anywhere, since it was really Prohibition that was the whole problem, and not full auto firearms.
Full auto is trivial to make almost any gun into, and no one really wants to. There crimes with full auto are so rare as to be totally irrelevant. The only one I can think of is the LA bank robbery about a decade ago.
The universal background check would not be an issue if not for the assault weapon and confiscation insanity. There just is no such thing as an assault weapon, and no one should trust any government with records like that, since they already say they want to confiscate. And that clearly is illegal and the line in the sand.
The federal government should not claim it has to do something when they are the ones who broke it in the first place. There was no problem with Thompson machineguns being sold out of the back of magazine ads for $17, until the feds started Alcohol Prohibition and suddenly millions of dollars in alcohol revenue could not use banks or police protection.
I am going to use Chicago as an example both prior to 2016 and before.
Before 2016, the guns used in gun crimes in Chicago, over 60% were purchased in Illnois. There was no market to import firearms for criminal acts since all one had to do is go into the county and buy guns from private sellers by the car load and transport them back into Chicago.
In 2016, Illinois passed a Universal Background Check for the entire state and aggressively enforced it. All of a sudden, the guns used in crimes purchased or stolen in Chicago from Illinois dropped to below 20%. But the number of guns did not decrease though even though law enforcement actively collected quite a few that were used during crimes. Where did these extra guns come from? Most of them came from personal sales from Indiana who does not have universal background checks. Buying those weapon in Indiana is not against the law. But transporting them to Indiana is a felony for both the state of Illinois and the Federals. That doesn't even slow them down because Indiana, more or less, told Illinois to just go pound sand. New Mexico has the same problem with Arizona and Texas. California has the same problem with Arizona and Nevada. Colorado has the same problem with Kansas. But it appears that most of us are a bit more civilized than Chicago or Detroit.
AT what point does the states that have these illegal guns come streaming in finally push to have the Feds do something about it since it's really a National Problem? One beyond anything any one or group of states can do anything about? Do we start building walls between the states and put up check points everyone must pass through? Do we put mandatory checkpoints on the borders between states to stop all cars coming from the offending states so that ALL cars can be searched for weapons? Or do we force the states to go to universal background checks and aggressively enforce them either by the State or allow the Feds to enforce it.
This is the reason that the 1934 Firearms Act was created in the first place. What good does it do if a particular state bans the Thompson when all the mob guys have to do is go for a short drive one state over (40 minutes) and buy them over the counter and bring them back. They passed that law not because the mobsters were mowing each other down. They passed it because they were also mowing down innocent bystanders. The same is happening now in places like Chicago and Detroit. It happens so much, it's not even that much newsworthy.
I can't give you the exact figures but it's pretty high but the majority of the population support the Universal Background Check. Sooner or later, it's going to happen on the federal level. And look for it to stand up in court as well. But lets say it doesn't. The Feds have ways to force a state to do something. Like if a gun manufacturer ships to a state that isn't using a universal background check, they can tax them into non existance. If they they move to that state that doesn't require universal background checks, the Feds and not allow them to ship outside that state through the Interstate Commerce. It's going to happen. We can keep fighting it and have a bunch of morons pass something we don't want or we can work with them and get something that will actually work. So far, my bet is on the bunch of morons.
Moron.....the majority of people who answer the Universal Background surveys don't understand anything about them, first and foremost that we already have Federal background checks for gun purchases.......so any poll that doesn't actually state that Universal Background checks do not stop criminals from getting guns, and that almost every mass shooter already passed a mandated Federal background check already in place, is a useless poll......
The only reason the anti gunners want universal background checks is to demand universal gun registration....that's it.
Britain, an island....can't stop the increasing flow of illegal guns into their country, dittos Australia.....we have Mexican drug cartels building gun factories on our southern border......you are an idiot...criminals will get guns, and will not be stopped by background checks of any kind.........