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Bang / Guns
See other Bang / Guns Articles

Title: A Revision on the Bill of Rights, Part III
Source: Huffpost Politics
URL Source: [None]
Published: May 4, 2016
Author: Justin Curmi
Post Date: 2016-05-04 21:51:54 by tpaine
Keywords: None
Views: 4093
Comments: 22

A Revision on the Bill of Rights, Part III

04/26/2016 01:07 pm ET 2.5 K

Justin Curmi

A blogger that seeks to engage people in thought and conversation through presenting new views to matters, new or old.

“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.”

The Second Amendment is highly contested. There is no doubt that people do have the right to carry and have a stockpile of guns (“the right of the people to keep and bear arms”) and a state has the right to organize a well-regulated Militia. But, the main issue is on the right to self-defend with a firearm.

The main problem with the notion of self-defense is it imposes on justice, for everyone has the right for a fair trial. Therefore, using a firearm to defend oneself is not legal because if the attacker is killed, he or she is devoid of his or her rights. In addition, one’s mental capacity is a major factor in deciding whether a man or woman has the right to have a firearm. There are two reasons for ensuring mental capacity. First, one of the Five Aims is to ensure domestic tranquility and there can be no tranquility if one does not have the capacity. Second, if one’s brain is distorting his or her reality, they do not have the proper reasoning and deduction skills to use a firearm.

Therefore, if we ponder and meditate on the recent events in news about guns, it would be obvious that the current state is incorrect. A gun for civilians is a weapon for a revolution and not for ordinary use. The belief that a gun is a useful tool to protect one is counterintuitive because guns get into the hands of people who use them for horrible reasons. In addition, there are reasons why cops are trained to use a firearm in stressful situations. It is not to keep their mind at ease or anything of that sort, but to be able to fire accurately at the target in the correct location. It is immensely difficult to fire when under pressure. Moreover, one may argue this is an analogous argument and yes it is because the United States government is lobbied to not study or fund research that observes the effects of guns. This cripples the chance of evaluating a proper policy to deal with gun violence. But, there was one study by ABC, which observed using guns in a classroom. All the participations poorly performed at the mock situation.

Once again, if there is an argument in the reasoning of this amendment and others, one must filter it through the Five Aims of the USA and the Bill of Rights. This is to ensure that any argument can be answered, avoiding a political divide.


Poster Comment:

What in hell is the "Five Aims of the USA"?

Post Comment   Private Reply   Ignore Thread  


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Begin Trace Mode for Comment # 14.

#5. To: tpaine (#0)

A gun for civilians is a weapon for a revolution and not for ordinary use. The belief that a gun is a useful tool to protect one is counterintuitive because guns get into the hands of people who use them for horrible reasons.

A gun for civilians is a protected right for self-defence.

The second amendment establishes no right, it forbids the Federal government from infringing upon a pre-existing right.

The pre-existing right was established in English common law long before the creation of the Constitution.

http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp

Blackstone's Commentaries on the Laws of England

Book the First - Chapter the First: Of the Absolute Rights of Individuals (1765)

5. THE fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W. & M. ft. 2. c. 2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

Gun do get into the hands of people who use them for horrible reasons. So do knives, yet we are not required to forego knives.

nolu chan  posted on  2016-05-04   23:52:53 ET  Reply   Untrace   Trace   Private Reply  


#8. To: nolu chan (#5)

"A gun for civilians is a protected right for self-defence."

When written, not by the second amendment. As evidenced in Miller, the only weapons protected by the second amendment were those "suitable for use" by a state Militia.

State constitutions protected the individual right of civilians to keep and bear arms. States have always (until Heller) defined who may own weapons, what kind of weapons, and how they may be used. Which is why the gun laws in each state were different.

misterwhite  posted on  2016-05-05   10:01:47 ET  Reply   Untrace   Trace   Private Reply  


#10. To: misterwhite (#8)

Which is why the gun laws in each state were different.

Can't have that. Freedom means centralized power.

Roscoe  posted on  2016-05-05   10:21:16 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Roscoe, and misterwhite, anti-constitutional advocates (#10)

States have always (until Heller) defined who may own weapons, what kind of weapons, and how they may be used. Which is why the gun laws in each state were different. --- misterwhite

Can't have that. Freedom means centralized power. ---- Roscoe

Centralized power by governments is NOT a goal of our Constitution.

Which is why the document ensures that ALL levels of government in our republic are restrained by its provisions..

tpaine  posted on  2016-05-05   10:39:12 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 14.

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