In your opinion, does the second amendment specify that you can bear arms as long as you're part of a militia (now the national guard) or does it give each individual the right to bear arms, outside of the militias of the several states?
Individual. SCOTUS backs me up. End discussion
If they had meant for this individual right to be applied only to those actively enrolled in a militia, they would have said so. The brief statement regarding the well-regulated militia merely clarifies how important this individual right is.
The anti federalists wanted the bill of rights because the constitution was an expansion of federal powers beyond what they ever thought real. Individuals wouldn't be able to protect themselves from this big monster they saw, only militias could.
So the national guards only then?
Indeed. This would require citizens to "keep" arms, but bearing them in public was through a militia.
Democrat, Republican, whatever: when you grow up in Vermont, New Hampshire or Maine, you're raised to respect your gun rights. I've just always thought of it as a fundamental right. It causes problems, but I think those have less to do with...
... guns and more to do with the people using them. And if guns were made illegal, they'd find a way to get them and they'd still do harm. Despite considering myself rather liberal socially, I'm pretty conservative on this issue.
I'm assuming you agree with me there need to be some limits and regulations? I've met people who have said no to that.
I support background checks and a waiting period on some higher profile guns ... Not sure where I stand on the assault rifle ban yet.
No question the individual held up by SCOTUS as well as many statements made by Jefferson and others about self defense before and after the Constitution.
The SCOTUS settled this 70 years ago when it said the Amendment applied to individuals and not militia members. It is settled law despite the continued use of this argument.
I actually don't hold this argument. I figured I'd ask the question anyway.
It's a good question and valuable to correct some misperceptions.
It protects us from this government. We need it now more then ever!
Rons: are you implying that guns are needed for protection from this government or just that the amendment should stand as is so we don't lose one more Right?
Protect us? From the government? I challenge you to get out your finest 9 mm and do your best against the drones. They are practicing right now in the Middle East!
Do talk, what do you think? National guard or individual?
How do you figure the National Guard is now the militia? The militia back then were ordinary armed citizens.
The states eventually organized militias which when the national guards were created were seen as the legal successors to the organized militias if each state.
Eventually....but that was not the intent when the constitution was written.
Technically they were still organized though. I don't follow that line personally, but I figured I would ask the question, that said the constitution isn't a dead document, but I'm guessing that's one place we differ on.
At the time, if you were old enough to carry a gun, you were in a militia. Nowadays, anyone who is responsible should be allowed to own a gun.
I believe it allows people to own guns, but it also puts limitation and regulations on what you can own
As i read it. It says AS a state militia, meaning anything who owns a gun is part of the state militia
Several states required that all guns be registered so that they could quickly call up those with weapons and form the militia at a moments notice. I'd love to see the reaction if a state did that and sent all those with guns to Afghanistan.
Falter: thumbs up. I don't have the emoticon, otherwise I would've done that.
Cal tex the state militia is supposed to protect the state, not the nation
Not quite. The states had some control over the militia, but not what you're saying, if you're saying they could use it against the federal government.
To quote the constitution, congress may: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;