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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: 4338
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 # 7.

#3. To: tpaine (#0)

a state has the right to organize a well-regulated Militia

A state has the right to a well-regulated, UNorganized Militia, comprised of all its age-eligible able bodied citizens.

nolu chan  posted on  2016-05-04   23:22:18 ET  Reply   Untrace   Trace   Private Reply  


#7. To: nolu chan (#3)

"A state has the right to a well-regulated, UNorganized Militia, comprised of all its age-eligible able bodied citizens."

Sure. The state can do whatever it wants. But if the state wants second amendment protection for their Milita, that Militia needs to be well-regulated -- -- -- meaning organized, armed and disciplined with officers appointed by the state.

misterwhite  posted on  2016-05-05   9:52:53 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 7.

#9. To: misterwhite, defends statism, y'all (#7)

nolu chan (#3) --- "A state has the right to a well-regulated, UNorganized Militia, comprised of all its age-eligible able bodied citizens."

Sure. The state can do whatever it wants. But if the state wants second amendment protection for their Milita, that Militia needs to be well-regulated -- -- -- meaning organized, armed and disciplined with officers appointed by the state. --- misterwhite

ALL levels of gov't are bound by our Constitution, and can NOT do what they "want".

--- Which includes assuming that the state has the power to appoint officers in our military organizations.. -- A power best divided.

Misterwhite, of course, advocates that the state be ALL powerfull...

tpaine  posted on  2016-05-05 10:20:37 ET  Reply   Untrace   Trace   Private Reply  


#11. To: misterwhite (#7)

The state can do whatever it wants.

Attaboy!

That one sentence demonstrates your totalitarian bent.

Deckard  posted on  2016-05-05 10:26:49 ET  Reply   Untrace   Trace   Private Reply  


#16. To: misterwhite (#7)

But if the state wants second amendment protection for their Milita, that Militia needs to be well-regulated -- -- -- meaning organized, armed and disciplined with officers appointed by the state.

No, absolutely not. The Second Amendment pertains to the UNorganized militia.

The well-regulated militia is not the organized militia.

Regarding the meaning of "well regulated," it is useful to consult 10 U.S.C. 311 to learn that, "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."

Nobody registers with the militia as they are automatically in the militia per statute.

Moreover, it is unconstitutional to enact any form of state or federal law that conflicts with the constitutional provision, "the right of the people to keep and bear arms, shall not be infringed."

http://www.constitution.org/cons/wellregu.htm

The meaning of the phrase "well-regulated" in the 2nd amendment

From: Brian T. Halonen

The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

1709: "If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations."

1714: "The practice of all well-regulated courts of justice in the world."

1812: "The equation of time ... is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial."

1848: "A remissness for which I am sure every well-regulated person will blame the Mayor."

1862: "It appeared to her well-regulated mind, like a clandestine proceeding."

1894: "The newspaper, a never wanting adjunct to every well-regulated American embryo city."

The phrase "well-regulated" was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people's arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it.

http://law.justia.com/codes/us/2012/title-10/subtitle-a/part-i/chapter-13/section-311/

THE MILITIA - 10 U.S.C. § 311 (2012)

§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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85–861, §1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, §524(a), Nov. 30, 1993, 107 Stat. 1656.)

nolu chan  posted on  2016-05-05 23:18:26 ET  Reply   Untrace   Trace   Private Reply  


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