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Marathon: Resurrection Forum

Re: OT: My Personal Bias

Posted By: Wolfchild
Date: 2002.12.16.22.41

In Response To: Re: OT: My Personal Bias (Lt. Et'he)

: "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."

: That is open to interpretation and debatable. Most
: Americans who are pro gun rights don't see it that
: way. You can argue both sides, and if you're
: intelligent you can see how the english allows both
: possibilities.

: If you look at history however, colonial america was
: filled with guns. It was the right of the _individual_
: to have and use guns for his protection. So when the
: founding fathers penned the constitution, I think
: thier intent was for the right to bear arms by
: individuals... Afterall, I don't remember any history
: where Washington went to collect the weapons of those
: who were not part of a militia.

Indeed, that would not happen because there was no man who could not be considered a part of the militia. One of the very original wordings of the Second Amendment went as follows (as recorded in the Continental Congress register for August 17, 1789):


A well regulated militia, composed of the body of the people, being the best security of a free state; the right o fthe peope to keep and bear arms shall not be infringed, but no person, religiously scrupulous, shall be compelled to bear arms.
(emphasis mine)

Also, the delegation from New Hampshire came to the Congress with the following proposed amendment:


Congress shall never disarm any citizen unless such as are or have been in Actual rebellion.

The state of Virginia proposed the following amendment:


... 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 [sic] of a free state.

And the state of New York wanted the following amendment:


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 [sic] of a free State;
That the Militia should no be subject to Martial Law, except in time of War, Rebellion or Insurrection.
(emphasis from the original)

Also, a perusal of the correspondence of the participants in the Continental Congress shows that the intent of the framers of the Consitution was personal gun ownership. The United States Supreme Court has consistently taken this view, although it has been quite a while since it was last asked to revisit this issue. Arguments that the National Guard is solely the militia referred to in the Second Amendment must by necessity ignore the historical record.

woof

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