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Gun Control & RKBA
In reply to the discussion: This message was self-deleted by its author [View all]sarisataka
(22,192 posts)177. Final answer
Firstly- in the debate Quakers were mentioned as an example of those who would not bear arms in military service. Yet it was acknowledged they do use guns for hunting. There was no discussion of them not being able to have arms unless they were willing to render military service.- The the eyes of the debaters there was no connection with the right to own and carry arms with militia service, it was inherent in the individual.
Secondly- Madison's change
1. "compelled to bear arms."
2. "compelled to render military service..."
2. "compelled to render military service..."
makes a very important distinction. There are many military jobs that do not require bearing arms e.g. medical work. In the original draft a person could be compelled to military service without actually being required to bear arms; his revision removes the ability to draft a person into non-combat service.
Thirdly- some contemporary state constitutions you omitted referencing
1776 Pennsylvania: That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination, to, and governed by, the civil power.
1777 Vermont: That the people have a right to bear arms for the defence of themselves and the State -- and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.
1790 Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.
1792 Kentucky: That the right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
1777 Vermont: That the people have a right to bear arms for the defence of themselves and the State -- and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.
1790 Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.
1792 Kentucky: That the right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Fourth- the five states that recommended an right to keep and bear arms be amended to the Constitution:
New Hampshire, 21 June 1788
Twelfth[:] Congress shall never disarm any Citizen unless such as are or have been in
Actual Rebellion.
Virginia, 27 June 1788
Seventeenth, That the people have a right to keep and bear arms; that a well
regulated Militia composed of the body of the people trained to arms is the proper, natural
and safe defence of a free State. That standing armies in time of peace are dangerous to
liberty, and therefore ought to be avoided, as far as the circumstances and protection of the
Community will admit; and that in all cases the military should be under strict subordination
to and governed by the Civil power. . . .
That any person religiously scrupulous of bearing arms ought to be exempted upon
payment of an equivalent to employ another to bear arms in his stead.
New York, 26 July 1788
That the People have a right to keep and bear Arms; that a well regulated Militia,
including the body of the People capable of bearing Arms, is the proper, natural and safe
defence of a free State; That the Militia should not be subject to Martial Law except in time
of War, Rebellion or Insurrection. That Standing Armies in time of Peace are dangerous to
Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the
Military should be under strict Subordination to the civil Power.
North Carolina, 2 August 1788
That the people have a right to keep and bear arms; that a well regulated militia
composed of the body of the people, trained to arms, is the proper, natural and safe defence
of a free state. That standing armies in time of peace are dangerous to Liberty, and therefore
ought to be avoided, as far as the circumstances and protection of the community will admit;
and that in all cases, the military should be under strict subordination to, and governed by
the civil power.
Rhode Island, 29 May 1790
That the people have a right to keep and bear arms that a well regulated militia,
including the body of the people capable of bearing arms, is the proper, natural and safe
defence of a free state; that the militia shall not be subject to martial law except in time of
war, rebellion or insurrection; that standing armies in time of peace are dangerous to liberty,
and ought not to be kept up, except in cases of necessity, and that at all times the military
should be under strict subordination to the civil power. . . .
That any person religiously scrupulous of bearing arms, ought to be exempted, upon
payment of an equivalent, to employ another to bear arms in his stead.
Twelfth[:] Congress shall never disarm any Citizen unless such as are or have been in
Actual Rebellion.
Virginia, 27 June 1788
Seventeenth, That the people have a right to keep and bear arms; that a well
regulated Militia composed of the body of the people trained to arms is the proper, natural
and safe defence of a free State. That standing armies in time of peace are dangerous to
liberty, and therefore ought to be avoided, as far as the circumstances and protection of the
Community will admit; and that in all cases the military should be under strict subordination
to and governed by the Civil power. . . .
That any person religiously scrupulous of bearing arms ought to be exempted upon
payment of an equivalent to employ another to bear arms in his stead.
New York, 26 July 1788
That the People have a right to keep and bear Arms; that a well regulated Militia,
including the body of the People capable of bearing Arms, is the proper, natural and safe
defence of a free State; That the Militia should not be subject to Martial Law except in time
of War, Rebellion or Insurrection. That Standing Armies in time of Peace are dangerous to
Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the
Military should be under strict Subordination to the civil Power.
North Carolina, 2 August 1788
That the people have a right to keep and bear arms; that a well regulated militia
composed of the body of the people, trained to arms, is the proper, natural and safe defence
of a free state. That standing armies in time of peace are dangerous to Liberty, and therefore
ought to be avoided, as far as the circumstances and protection of the community will admit;
and that in all cases, the military should be under strict subordination to, and governed by
the civil power.
Rhode Island, 29 May 1790
That the people have a right to keep and bear arms that a well regulated militia,
including the body of the people capable of bearing arms, is the proper, natural and safe
defence of a free state; that the militia shall not be subject to martial law except in time of
war, rebellion or insurrection; that standing armies in time of peace are dangerous to liberty,
and ought not to be kept up, except in cases of necessity, and that at all times the military
should be under strict subordination to the civil power. . . .
That any person religiously scrupulous of bearing arms, ought to be exempted, upon
payment of an equivalent, to employ another to bear arms in his stead.
Note the use of the term 'people'- "the people have a right"; "composed of the body of the people". The term people s being used as a collective term to refer to individuals, very common at that time. (See the Fourth Amendment "The right of the People to be secure in their persons, houses,..."
and finally- SCOTUS has ruled there is an individual right of ownership of arms. In accordance with Article lll of the Constitution, this is final and binding until such time as the Constitution is further amended, negating such ruling or SCOTUS ruling of a different case finds cause to reverse their previous ruling.
Additionally, the Democratic Party platform and the sitting President (a Democrat) have expressly stated their support for an individual right of firearms ownership.
Unless you have a different point, I will not debate the matter further. It is a settled questing, even f many do not like the interpretation.
In any case it is irrelevant as it is also agreed gun control laws are permitted within the Second Amendment, short of a total ban. And nobody actually is saying ban all guns, right?
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The cumulative count will always increase unless people start rising from the dead.
hack89
Aug 2014
#6
An unsupported claim *and* a strawman in just one sentence. Well done!
friendly_iconoclast
Aug 2014
#24
Let me know when it drops below the rate of death from e-bola in the US.
notrightatall
Oct 2014
#202
And this is why I feel good about resisting the people that want me to ban you, SM
krispos42
Aug 2014
#8
You're "helping the cause" in the same way Ian Paisley used to "help" Unionism...
friendly_iconoclast
Aug 2014
#17
So you think I'm being harassed for being the host of a group that bans gun nuts?
SecularMotion
Aug 2014
#26
Well the only place where opposing views to the ones presented in your echo chamber
shedevil69taz
Aug 2014
#31
A flat declaration of fact is now an "opinion", and a strawman is repeated
friendly_iconoclast
Aug 2014
#39
Rates declining is not the same as the proportion of guns used to commit homicide.
acalix
Aug 2014
#50
Great Post! The 2a is racist, unnecessary, and evil. It should be repealed.
ncjustice80
Sep 2014
#58
Bogus! That mofo just keeps popping up. Such clearly debunked bullshit, and it still comes up.
NYC_SKP
Oct 2014
#81
The Dred Scott decision was passed, in part, to prevent slaves from owning guns.
Nuclear Unicorn
Sep 2014
#67
Hit and run cowards with hands on their keyboards are giving aid and comfort to the GOP. NT
pablo_marmol
Sep 2014
#70
I think you're right but I wouldn't blame movies and books and TV shows on the NRA.
NYC_SKP
Sep 2014
#72
Even if we accept your erroneous interpretation that would still make the 2A addressed to the people
Nuclear Unicorn
Oct 2014
#124
It's kind looking, from the passge you have cited, that individual liberty is the issue at hand.
Nuclear Unicorn
Oct 2014
#129
The passage -- which was selected by you and is not the totality of the debate -- deals with
Nuclear Unicorn
Oct 2014
#140
Your entire line of argument is moot, thanks to the unorganized militia...
friendly_iconoclast
Oct 2014
#191
The ageist and sexist language wouldn't stand up to legal challenge
friendly_iconoclast
Oct 2014
#208
Your claim conflicts directly with the wording of the Second Amendment itself
friendly_iconoclast
Oct 2014
#216
The 'collective' reading of the Second Amendment is what's moot...
friendly_iconoclast
Oct 2014
#238