General Discussion
In reply to the discussion: former Chief Justice Burger - individual right to bear arms was “one of the greatest pieces of [View all]hansberrym
(1,571 posts)It is straw men all the way down.
Farminator, you post #95 shows you are well aware that no one of any prominence, not even the hated Scalia, is making the case that the second amendment "was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires". So why do you continue to advance this straw man?
Burger's original Straw Man:
"The Gun Lobby's interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies - the militia - would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires."
(my emphasis)
Surely Burger was well aware that the gun lobby was not arguing for an interpretation of the second amendment in which every citizen is guaranteed an unfettered right to any kind of weapon he or she desires. Legal restrictions on the place and mode of carry and the type of firearms that were protected under the right to keep and bear arms were numerous and well known and accepted for over 150 years when Burger made that disingenuous statement. The gun lobby woke up when the gun grabbers began making claims that there was no individual right whatever under the second amendment ( a claim made in Hickman and later in Silveira, both in the 9th circuit).