Let's interpret WTF the language in the 2nd Amendment means?

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Let's interpret WTF the language in the 2nd Amendment means?

Post by Rocinante on 2019-01-11, 15:43

There's a bill in the Wyoming legislature that will remove any restrictions on carrying firearms in government meetings and in schools.  A very similar bill passed last year, but was vetoed by the former governor.  The governor cited "murky' language in the bill and a concern that removing local control would compromise the ability of the people who know best the situations in their localities to protect the people.

The sponsors of the bill cite the 2nd amendment and say that restricting carrying in any situation is a violation of the individual's constitutional rights

But is it?

The Supreme Court's Heller decision in 2008 (though in my opinion, wrong) essentially put to rest the "well regulated militia" argument.  It essentially nullified that clause in the Amendment.  Not sure that's legal, but because of Heller, I'm going to ignore it for now.

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.

I think that the key words in the remaining clause is "the people".

Are we talking about the individual or people as a collective?  If it's the former, why doesn't it say "the individual" or use language to affirm this right is held individually, which any quick scan of the other amendments, or the constitution itself reveals is often the case?  And if it does actually mean "people" collectively, doesn't that reopen the argument for the first clause?  

And if "people" does hold a collective meaning, then isn't any attempt to limit the regulation of firearms a violation of the 2nd amendment?

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Re: Let's interpret WTF the language in the 2nd Amendment means?

Post by LooseGoose on 2019-01-11, 16:23

Wiki actually has a pretty complete and balanced entry on the 2nd.

Shows the States that had a right to bear arms preceding the Constitution and the evolution of arguments over the years. It's worth a read.
https://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

And this is a much more concise argument from the pro-individual right point of view.
https://www.thetruthaboutguns.com/2014/09/daniel-zimmerman/second-amendment-founders/


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Re: Let's interpret WTF the language in the 2nd Amendment means?

Post by Rocinante on 2019-01-11, 16:31

LooseGoose wrote:Wiki actually has a pretty complete and balanced entry on the 2nd.

Shows the States that had a right to bear arms preceding the Constitution and the evolution of arguments over the years. It's worth a read.
https://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

And this is a much more concise argument from the pro-individual right point of view.
https://www.thetruthaboutguns.com/2014/09/daniel-zimmerman/second-amendment-founders/



Thanks goose. But what do YOU think?
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Re: Let's interpret WTF the language in the 2nd Amendment means?

Post by Robert J Sakimano on 2019-01-11, 20:34

LooseGoose wrote:Wiki actually has a pretty complete and balanced entry on the 2nd.

Shows the States that had a right to bear arms preceding the Constitution and the evolution of arguments over the years. It's worth a read.
https://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

And this is a much more concise argument from the pro-individual right point of view.
https://www.thetruthaboutguns.com/2014/09/daniel-zimmerman/second-amendment-founders/


thanks for the mainstream media link.
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Re: Let's interpret WTF the language in the 2nd Amendment means?

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