Reply #176: OK. I will sum it up for you, again...

[jmg257]

We the people have the right to keep and bear arms. That right to arms is secured explicilty via the 2nd amendment, and also via the 9th & 10th amendments, and because Congress was given NO power to regulate them.

A primary reason (but not the only reason) for explicitly securing that right is because of our very important role in the Militias. Congress was given certain powers with regards to the Militias and the ratifiers feared a usurption of that power could be used to DISarm the people. The role of the Militias (suppress insurrections, enforce the laws, repel invasions) is paramount in the Constitution – as the liberty of the people depends on it – the well-functioning Militias are “necessary for the security of a free State” (the recourse being a Standing Army). So, for our role in the Militias, access/use/possession of a class of arms is secured by the 2nd, those arms secured are personal "military arms in common use" - those arms a person could/would supply & keep & bear himself; and thanks to Congress, should meet some standard of functionality and caliber.

Back in the days they were muskets, rifles, swords, pistols, knives, tomahawks, bayonets, etc. plus ammo & accoutrements. Today they are guns like the M40A1, the M16, M4, M14 - probably any select-fire firearm using the 5.56 or 7.62 NATO rounds would be fine, plus pistols like the M9 & M1911, along with knives, bayonets, magazines, ammo etc. We KNOW this because the Congress wrote a Militia Act soon after the Constitution was ratified that showed EXACTLY what was intended – it is here that they 1st set down the guidelines for the Militias of the several States, as enumerated in the Constitution. {to provide for organizing, arming & disciplining the militias).

from the Militia Act of 1792:

“That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia…”

“That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service…”

“and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound;”

"The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge box to contain twelve cartridges; and each private of matoss shall furnish themselves with good horses of at least fourteen hands and an half high, and to be armed with a sword and pair of pistols...Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail-pillion and valise, holster, and a best plate and crupper, a pair of boots and spurs; a pair of pistols, a sabre, and a cartouchbox to contain twelve cartridges for pistols"



OK, so besides our crucial Militia duties, we also have the personal private right to arms, again explicitly secured by the 2nd, because it is one of, or is, the best means to the natural right of self-defense, and because we also have right to own & use property. We have this unalienable right regardless of our role in the Militia. Because this right to arms cannot be infringed, and because the right is private, those personal arms we are entitled to include, BUT ARE NOT LIMITED TO, those proscribed by Congress above. Again, personal arms applicable to effective self-defense, etc.. So a larger group of personal arms is secured for OUR use in self-defense, leisure activities like hunting, collecting, all other lawful purposes, etc.



The reason it becomes a little muddy, is because it IS the intent of the Constitution that the PEOPLE be responsible for the common defense (as well as their own), so WE could always "out-gun" that bane of liberty, a Standing Army - and so have the best protection against that favorite force of a tryrant. The standing army these days is so huge and of course possesses nukes, jetfighters, etc., and it would be hard to justify private ownership of such ordnance. However, this has little to do with the intent of securing our right to personal arms as mandated in the 2nd.