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A Well Regulated Militia (Original Post)
safeinOhio
Feb 2018
OP
True fact. NRA removed those words from its stone engraved inscription at national HQ. Fuckers
Fred Sanders
Feb 2018
#3
BigmanPigman
(51,593 posts)1. The 2nd amend can be amended too!
https://www.law.cornell.edu/wex/second_amendment
The Second Amendment of the United States Constitution reads: "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." Such language has created considerable debate regarding the Amendment's intended scope. On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.
***The last three sentences make it clear.
The Second Amendment of the United States Constitution reads: "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." Such language has created considerable debate regarding the Amendment's intended scope. On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.
***The last three sentences make it clear.
hack89
(39,171 posts)2. Gun ownership has nothing to do with the militia
that being said, the 2A permits the strict regulation of guns - AWBs, registration, etc are all perfectly legal.
LanternWaste
(37,748 posts)5. You're arguing a premise not made in the OP.
You're arguing a premise not made in the OP.
I get it though. Particular talking points must be made this morning whether irrelevant or not.
hack89
(39,171 posts)6. So what exactly does the militia have to do with yesterday's events?
we all know that a very common argument is that the 2A only applies to militias. Why is it an unreasonable assumption that a cryptic OP specifically about militias is about the 2A?
Fred Sanders
(23,946 posts)3. True fact. NRA removed those words from its stone engraved inscription at national HQ. Fuckers
know they have to lie about even the thing they worship.
2naSalit
(86,634 posts)4. K&R