Capitol Hill Blue Forums Political Issues Guns Court Rules in Favor of Second Amendment Gun Right

Since Republicae-Seditionist has done an excellent job of providing a historical and scholarly basis for the right of individuals to privately own and use firearms, I will simply have some fun by contributing some opinion.

First, the founding of the United States was through the acceptance of a constitution agreed upon by the several states. In other words, these united states are the Potter while federal government is the pot. The individual states granted this federal government certain restricted powers and limited authority while explicitly prohibiting it from violating certain pre-existing rights (through the amendment process), one of which is the pre-existing right of the people to continue to privately own and use firearms.

So, when put into its proper context, the second amendment, put into place by the individual states, restricts the federal government from infringing on the pre-existing right to the private ownership and use of firearms. One example cited by the states was their desire to avail themselves of a call-up of the militia (which to be more exact, was an unorganized militia vs an organized militia).

Did the states view the right to the private ownership and use of firearms to be a pre-existing right? They must have, else they would not have used the word "infringed".

So, a straight forward, non-pomo reconstructionist, twisted semanticist and lawyer-free reading of the amendment would be, "Though we people through our representatives are creating a federal government, it will not have the power or authority to prevent the states from calling upon an armed citizenry for the purposes of a militia, by infringing on the people's recognized right to privately own, keep, and use firearms."

Seems clear to me -- but then, unlike the Brady Bunch, I have no desire to allow my inner facist free rein.:-)
Yours,
Issodhos