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jimmy the one

(2,717 posts)
23. don't feel bad for us
Fri Nov 13, 2015, 11:48 AM
Nov 2015

kang: .. the United States has never taken the public policy position that only those serving within the militia have the right to keep and bear arms, with others being lawfully excluded from owning arms. It never happened, nor will it.

In certain instances & at times the US did indeed make it unlawful for slaves to own guns; and had a wife, daughter or mother complained to a magistrate in 1795 that her husband/father/son violated her right to bear arms by denying her access to his musket, she could've been laughed out of court &/or possibly divorced or reprimanded as a nutjob.

kang: I feel bad for gun controllers, essentially forced to take illogical positions. Controllers are forced to believe that near the beginning of the Bill of Rights, Amendments clearly designed to limit governmental power and to protect citizens, is a statement designed to enable the government to raise militias and to keep individuals from owning firearms.

No, those of us who have studied the issue don't think that at all, esp the part about keeping individuals from owning firearms. Indeed the militia act of 1792 (5 months after 2ndA written) encouraged americans to own, purchase & bring personal firearms to militia duty - harpers ferry & springfield armories either not open yet or scant production.
So don't feel bad for us, for a figment of your imagination.

The 2ndA & the subsequent militia act of 1792 only covered about 20% of americans in the 1790 census; (iirc about 750,000 white males 18 - 45 yr old, maybe a quarter of which owned a firearm.
The 1792 militia act was militia centric, since relatively few americans owned firearms in 1792 it encouraged militia members to purchase or provide their own firearms; but of course 2ndA was a limitation on congress as well as a guarantee of personal rights (to belong to militia).

2nd Amendment showerthought... [View all] Kang Colby Nov 2015 OP
I know people like their guns itsrobert Nov 2015 #1
Actually... Kang Colby Nov 2015 #2
Don't spoil other people's romantic moments.... FSogol Nov 2015 #5
Well, some controllers say the best thing to do with explosive diarrhea... Eleanors38 Nov 2015 #6
What are arms? JonathanRackham Nov 2015 #26
history jimmy the one Nov 2015 #3
You forgot TeddyR Nov 2015 #10
arbitrary power of posters jimmy the one Nov 2015 #22
Actually TeddyR Nov 2015 #27
You are excluding a mountain of case law. (Verdugo-Urquidez, Emerson, etc.) Kang Colby Nov 2015 #19
This ^^^ beevul Nov 2015 #20
Very good post TeddyR Nov 2015 #21
pennsy minority rkba report jimmy the one Nov 2015 #24
Setting aside everything else that is wrong about your post TeddyR Nov 2015 #28
get new glasses jimmy the one Nov 2015 #29
sam adams proposal was withdrawn jimmy the one Nov 2015 #30
don't feel bad for us jimmy the one Nov 2015 #23
Your argument boils down to Kang Colby Nov 2015 #31
state constitutional rkba's jimmy the one Nov 2015 #25
The 2A. deathrind Nov 2015 #4
Re-read the Fourth. Eleanors38 Nov 2015 #7
The 4th. deathrind Nov 2015 #12
They seem to have equated them both in the same sentence. Eleanors38 Nov 2015 #13
Right off the top of my head one issue I have with your interpretation TeddyR Nov 2015 #17
The Second Amendment TeddyR Nov 2015 #8
There is a clear difference between the 4th and the 2nd. deathrind Nov 2015 #11
Thanks for the response and link TeddyR Nov 2015 #16
The 2nd was intended to do 1 thing - ensure the effectiveness of the Militias of the several States. jmg257 Nov 2015 #9
The right to own firearms should be understood at a primary part of natural law. ileus Nov 2015 #14
One small correction. branford Nov 2015 #15
There's a good bit of scholarly work that supports exactly that interpretation TeddyR Nov 2015 #18
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