Gun Control & RKBA
In reply to the discussion: This message was self-deleted by its author [View all]Glenn Vardy
(483 posts)The Second Amendment is a militia amendment. Most state Declaration of Rights contained something along the line of:
"That a well-regulated militia is the proper/natural defence of a free state/country/government; that standing armies are dangerous etc"
Who did these rights belong to? They belonged to "the people" in their collective capacity.
One way of assuring the continuation of such forces (See U.S. v. Miller) is: "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."
Letters of Thomas Jefferson:
"You will there see that my objection to the constitution was that it wanted a bill of rights securing freedom of religion, freedom of the press, FREEDOM FROM STANDING ARMIES, trial by jury, & a constant Habeas corpus act... The sense of America has approved my objection & added the bill of rights."
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"I was in Europe when the Constitution was planned, and never saw it till after it was established. On receiving it I wrote strongly to Mr. Madison, urging the want of provision for the freedom of religion, freedom of the press, trial by jury, habeas corpus, THE SUBSTITUTION OF MILITIA FOR A STANDING ARMY, and an express reservation to the States of all rights not specifically granted to the Union. He accordingly moved in the first session of Congress for these amendments, which were agreed to and ratified by the States AS THEY NOW STAND."
Amendments Offered in Congress by James Madison June 8, 1789
"Fifthly... No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases."
He wanted the individual rights in the proposed Bill of Rights to apply to the States. Why didn't he include the right to bear Arms? The man who WROTE the arms bearing proposal didn't consider it to be securing an individual right.