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Title: FLUSH: ‘Conservative Hero’ Ben Carson To Beck: You Have No Right To Semi-Automatic Weapons In Large Cities
Source: [None]
URL Source: http://www.mediaite.com/tv/conserva ... matic-weapons-in-large-cities/
Published: Nov 12, 2014
Author: Andrew Kirell
Post Date: 2014-11-12 12:32:26 by A K A Stone
Keywords: None
Views: 40329
Comments: 99

Appearing on Glenn Beck‘s radio show this past week, Dr. Benjamin Carson took a vastly different stance from most conservatives on the issue of gun control, claiming you shouldn’t be able to own semi-automatic weapons in large cities.

Carson became a newfound conservative hero last month when he spoke at the National Prayer Breakfast and laid out a series of criticisms of ObamaCare, political correctness, and tax policy right in front of the president himself. Many called the speech “inappropriate” given the apolitical nature of the event, but many conservatives lauded Carson for his “bold” and “sensible” suggestions for policy reform.

Asked by Beck for his thoughts on the Second Amendment, Carson gave the popular pro-gun argument: “There’s a reason for the Second Amendment; people do have the right to have weapons.”

But when asked whether people should be allowed to own “semi-automatic weapons,” the doctor replied: “It depends on where you live.”

“I think if you live in the midst of a lot of people, and I’m afraid that that semi-automatic weapon is going to fall into the hands of a crazy person, I would rather you not have it,” Carson elaborated.

However, if you live “out in the country somewhere by yourself” and want to own a semi-automatic weapon, he added, “I’ve no problem with that.”

Watch below, via TheBlaze:

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Begin Trace Mode for Comment # 12.

#1. To: A K A Stone (#0)

Asked by Beck for his thoughts on the Second Amendment, Carson gave the popular pro-gun argument: “There’s a reason for the Second Amendment; people do have the right to have weapons.”

But when asked whether people should be allowed to own “semi-automatic weapons,” the doctor replied: “It depends on where you live.”

“I think if you live in the midst of a lot of people, and I’m afraid that that semi-automatic weapon is going to fall into the hands of a crazy person, I would rather you not have it,” Carson elaborated.

Cities can exert no exemption to the requirements of the Constitution.

For those who choose to blather about the militia, the militia includes virtually all men between the ages of 17 to 45, and female citizens in the National Guard. The right reserved by the people, and not delegated to the government, is reserved for all and not just members of the militia. As Madison shows in Federalist 46, the right is not reserved for the purpose of deer hunting but as a defense against an overreaching Federal government.

Amendment II

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.

10 U.S.C. §311

§311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Madison, Federalist 46, re the Militia

Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it.

nolu chan  posted on  2014-11-12   13:25:37 ET  Reply   Untrace   Trace   Private Reply  


#5. To: nolu chan (#1)

"The right reserved by the people, and not delegated to the government, is reserved for all and not just members of the militia."

Words mean things. The second amendment does not say, "the right of all persons". It says the right of "the people".

Who were "the people"? At the time, they were the rich white men. The ones with someting to lose. The ones who wrote the U.S. Constitution and the Bill of Rights to protect their interests.

Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches.

Now, who was in the militia back then? According to the Militia Act of 1792, only white adult male citizens. Not women. Not black slaves. Not children. Not non-citizens.

Therefore, not all persons. Only "the people". The second amendment protected their right to keep and bear arms as part of a militia. State constitutions protected the rights of other persons.

misterwhite  posted on  2014-11-15   11:45:41 ET  Reply   Untrace   Trace   Private Reply  


#12. To: misterwhite (#5)

Now, who was in the militia back then? According to the Militia Act of 1792, only white adult male citizens. Not women. Not black slaves. Not children. Not non-citizens.

Therefore, not all persons. Only "the people". The second amendment protected their right to keep and bear arms as part of a militia. State constitutions protected the rights of other persons.

The Militia Act of May 8, 1792 (or Second Militia Act of 1792)

Chap. XXXIII.—An Act more effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States.

(a) SECTION 1. Be it enacted by the Senate and House of Representitives of the United States of America in Congress assembled, That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the 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 by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved.

[snip]

The Act did not "protect" a right to keep and bear arms. It mandated that the members of the militia possess arms, whether they desired to exercise their right to keep arms or not.

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 twentyfour cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed. accoutred and provided, when called out to exercise, or into service. except, that when called out on company days to exercise only. he may appear without a knapsack. That the commissioned officers shall severally be armed with a sword or hanger and espontoon. and that from and after five years from the passing of this act, all muskets for arming the militia as herein required. shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

The Second Amendment to the Constitution (1791) predates the Militia Act of May 8, 1792 and expressly reserved to the people their pre-existing right to keep and bear arms (the right of the people to keep and bear arms shall not be infringed).

Black's Law Dictionary, 6th Ed.

People. A state; as the people of the state of New York. A nation in its collective and political capacity. The aggregate or mass of the individuals who constitute the state. Loi Hoa v. Nagle, C.C.A.Cal., 13 F.2d 80, 81. In a more restricted sense, and as generally used in constitutinal law, the entire body of those citizens of a state or nation who are invested with political power for political power.

nolu chan  posted on  2014-11-15   18:58:37 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 12.

#15. To: nolu chan (#12)

"(the right of the people to keep and bear arms shall not be infringed)."

Yes. "The people". Not "all persons".

"Black's Law Dictionary, 6th Ed."

Yeah? What about it? Seems to me it's defining "the people" as "the voters". Which is what I've been saying all along.

misterwhite  posted on  2014-11-22 13:15:25 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 12.

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