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Monday, January 10, 2011

RDT: Should lunatics be allowed to bear arms?


First of all, Democrats are unlikely to pass any sort of gun legislation because they will lose a dozen or more House seats in the next election if they do. 
The Democratic party has bigger fish to fry than Second Amendment issues.

The Second amendment was originally designed as a state's right that allowed the states to create a militia. Before the US Constitution was signed there was no national army or navy, just state militias. 

The right wing likes to suggest all of the funding Fathers were 10 feet tall and brilliant, but the second amendment is poorly worded and ambiguous. 

It was essential in the colonial period that each militia member had their own rifle because  the state didn't provide them to the militia members. Most rifles were custom made and even the ammo was not standardized. 

There were no government armouries back then either.

Each colonial soldier made his own custom sized round lead bullets.

Therefore, the Second 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.

The second Amendment is really an "if, then" statement.

The conservative court of John Roberts has expanded the Second  Amendment rights beyond the intent of the framers which stated the right to bear arms was dependent on the maintenance of a "well regulated militia. "

Today we call that militia of the colonial period the National Guard. 

In 2008 and 2010, the Supreme Court issued two Second Amendment decisions. In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment protects an individuals right to possess a firearm, unconnected to service in a militia . . . were consistent with the Second Amendment. 

In McDonald v. Chicago (2010), the Court ruled that the Second Amendment limits state and local governmental authority to the same extent that it limits federal authority.

Source: http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

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