Gun Control & RKBA
In reply to the discussion: Replacing white people to kill gun rights [View all]jimmy the one
(2,717 posts)surfer guru: You have misconstructed Miller's simple statement about the object of the 2nd Amendment and misapplied it to constrain the right to keep and bear arms (which is a separate thing, existing without reference to or any dependence upon the 2nd Amendment).
I have not misinterpreted this: -- With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.
As opposed to any scalia style individual interpretation, accd'g to 1939 scotus, duh.
Why didn't you include miller 1939 in your previous list of I-rkba arguments? A glaring omission. You are correct on some things - ie the right to self defense is a separate concept from the 2ndA, and existed thousands of years prior to 2ndA being written.
surfer guru: Since Blacks were barred from serving, they could be disarmed. Congratulations on at least widening the net of people you want to disarm..
You make me sick, with idiotic ad hominem like the above.
surf guru: And it can't be "militia centric", there was no militia for anyone, White or Black, to join in Louisiana thus..
Tenuously concede you got me on this one, temporarily at least; what was it, there was a gap during the 1870's where LA had no militia? I fear a technicality.
I don't understand what you say, here is info & state constitution, albeit not until 1879:
1865 Louisiana Blacks require police and employer approval to own guns, unless in military. Louisiana Statute of 1865 prohibited blacks, not in the military service, from carrying fire-arms, or any kind of weapons
without the special permission of his employers, approved and indorsed by the nearest and most convenient chief of patrol.
With passage of federal reconstruction laws between 1866 and 1870 the U.S. Army took control of the former rebel states and ordered elections to be held. These elections were the first in which African Americans could vote. Each state (except Virginia) elected Republican governments, which organized militia units. The majority of militiamen were black. Racial tension and conflict, sometimes intense, existed between the Negro freedmen and the ex-Confederate whites.
In parts of the South, white paramilitary groups and rifle clubs formed to counter this black militia; regardless of the laws prohibiting drilling, organizing, or parading except for duly authorized militia. These groups engaged in a prolonged series of retaliatory, vengeful, and hostile acts against this black militia.
"...the militia companies were composed almost entirely of Negroes and their marching and counter-marching through the country drove the white people to frenzy.
https://en.wikipedia.org/wiki/Militia_(United_States)#Reconstruction_era
Louisiana: The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person. (enacted 1974).
1879: "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 abridged. This shall not prevent the passage of laws to punish those who carry weapons concealed."