2nd Amendment Misinterpretation
Posted by DrZarkov99 6 years, 8 months ago to Politics
We often hear gun control fans that the 2nd amendment was only intended to allow single shot weapons, since repeating arms did not exist at that time. Gulchers who would like to prove them wrong should point them to references to the Kalthoff repeating flintlock (with up to 30 rounds) and the Lorenzoni repeating flintlock (typically with 8 rounds), both dating from the late 1600s, far in advance of our nation's founding. These muskets could be fired with only seconds between shots, unlike such oddities like the Puckle gun. I invite other Gulchers to bring up for discussion the other restraints claimed for weapon ownership, with arguments for your particular view.
I wonder what improvements, if any, the people of that time saw in guns during their lifetime. If they saw improvements in technology but failed to mention future improvements in the 2nd Amendment, that's evidence they intended it to apply to some higher-tech forms of weapons.
What is important, is to note, that the more tyrannical our government becomes, the more afraid it is of individuals who have guns. Clearly, this must be obvious.
Removing the right to have weapons is not new to this era. In medieval times kings often forbid the 'commoners' to own swords for the same reason, they feared a rebellion against their authority. This was common in Europe and Asia.
Now with requirements for approval by the state before an individual can have a weapon, licensing, registering the weapon and registering ammunition sales weapons owners might as well put everything they have outside in a box to make it easier for the state to pick up whenever they feel like it.
No wonder the liberals are so against guns- it strikes at the heart of excessive government power !!
But most telling is that there was no prohibition on ANY weapons for private ownership or use until the 1934 National Firearms Act. In fact, the only Supreme Court Case regarding limiting the types of weapons an individual could own was US V Miller in 1938. The weapon in question was a cut down shotgun. The decision stated that the Court had not been shown that such a weapon was useful to a militia, and therefore not protected.
There was NO defense presented to SCOTUS in this case. Had there been, 1934 NFA and all subsequent gun control would never have happened.
As for our Founding Fathers understanding the nature of the concerns of the 2nd Amendment -
it would have limitations. It doesn't. They observed the evolution of weapons from rocks to firearms. None would be so stupid as to think their muskets would be ultimate weapon for all eternity. The Founding Fathers worried more about tyranny and less about weapons used.
Given the path our country is following history will repeat itself.
Take away the funding from all liberty's enemies. Consumer Strike on all non-essential products.
What type of authority stating the musket idea would give you concern?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall ... be infringed. if they can shoot more than once.
The meaning of the 2nd Amendment was well conveyed and well-understood prior to the signing of the Bill of Rights. The approach of the framers was discussed, debated, and published at-length in the Federalist Papers - primarily #29 and #46. The Declaration of Independence could not have made the framer's hostility to oppression any more clear.
The British Monarch had used his standing army to oppress the colonies and their people. Having just repulsed the crown, there was no reason to believe that the British (or some other foreign power) would not return. They also understood the peoples' natural affinity will be to their state governments - not to the centralized federal government. In #46, Madison wrote that the Federal Government should have a standing army sufficient to repel an enemy - and used a formula that computed to 30,000 soldiers. This would be sufficient for a defense, but not sufficient to oppress the states he argued. (obviously this has changed over time). In order to fully defend the newly formed country, the states' militias and the people will be needed - amounting to about 1 out of every 25 citizens capable of individually contributing to the defense. The Revolutionary War was fought with about 1 out of 33, or 3% (hence the flag many veterans like myself revere). Over the history, about 3% have contributed to the defense of the United States and this hasn't changed dramatically from one war to the next.
Madison also postulated that the Federal army should be small compared to the combined state forces - approximately 1/5, but that the resources of the country be used. In other words, small but well-equipped - something that is actually true today. (we have a small standing army compared to pre-war Iraq or North Korea).
Madison's belief in the patriotism and unity of the people predicted that a free, but armed, society would rely on the individuals' love of their country to defend it. As one of the oldest continuous forms of government on Earth - one can also acknowledge the success.
Fear of ratification was the largest driving concern, so while there was extensive debate in the Federalist Papers, they knew the states would not ratify a powerful Federal Government, or any restrictions at all on firearms. You see, the crown also quartered troops in peoples' homes without warning - often putting the family in the barn while the soldiers used their bedrooms and furniture. Any speaking out about the crown, would lead to confiscation of weapons, etc. The intent was simple, the right of the citizenry to defend itself from a tyrannical central government could not be infringed by the Federal Government. Now... there is a considerable loophole allowing a 'state' to infringe..
The language: "Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. "[Federalist 46]
There was no intent to hunt food, or defend the home, the intent was very clearly the citizens' right to defend themselves from tyranny. There is no limit on the 'type' of weapon that requires -in short, it's equal to whatever the government has.
The National Rifle Association is largely founded on the principles of Alexander Hamilton in #29 - "If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute [counter-balance in modern English] that can be devised for a standing army, and the best possible security against it, if it should exist." [Federalist 29]
You see.. there wasn't the need to elaborate the 2nd Amendment's context because they all understood the meaning of it. To defend against the tyranny of a central government and a standing army, and in 29 they made it very clear what a militia was... states' defense and the citizens. They also knew we would be the only country on earth endowing this right, and we cannot argue with the result - 250 years of civil liberty and freedom.