Democracy Matters -
Winning the Fight Against Imperialism
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Saturday, 24 February 2018
quote [ The Founders never intended to create an unregulated individual right to a gun. Today, millions believe they did. Here’s how it happened. ]
This has come up a lot this week. Thought it should be posted here. Most people who think this can not be dissuaded in their views no matter what evidence you show them....which to me means you have to make the point.
It is only one sentence long and it is not about guns.
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 current interpretation is new...On June 26, 2008, in District of Columbia v. Heller (PDF), the United States Supreme Court issued its first decision since 1939 interpreting the Second Amendment to the United States Constitution. The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right. United States: Gun Ownership and the Supreme Court
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4321 said @ 1:33am GMT on 24th February
From your link:
"In the majority opinion authored by Justice Antonin Scalia, the Court first conducted a textual analysis of the operative clause, "the right of the people to keep and bear Arms, shall not be infringed." The Court found that this language guarantees an individual right to possess and carry weapons. The Court examined historical evidence that it found consistent with its textual analysis. The Court then considered the Second Amendment’s prefatory clause, "[a] well regulated Militia, being necessary to the security of a free State," and determined that while this clause announces a purpose for recognizing an individual right to keep and bear arms, it does not limit the operative clause. The Court found that analogous contemporaneous provisions in state constitutions, the Second Amendment’s drafting history, and post-ratification interpretations were consistent with its interpretation of the amendment. The Court asserted that its prior precedent was not inconsistent with its interpretation."
4321 said @ 1:34am GMT on 24th February
From your link:
"In the majority opinion authored by Justice Antonin Scalia, the Court first conducted a textual analysis of the operative clause, "the right of the people to keep and bear Arms, shall not be infringed." The Court found that this language guarantees an individual right to possess and carry weapons. The Court examined historical evidence that it found consistent with its textual analysis. The Court then considered the Second Amendment’s prefatory clause, "[a] well regulated Militia, being necessary to the security of a free State," and determined that while this clause announces a purpose for recognizing an individual right to keep and bear arms, it does not limit the operative clause. The Court found that analogous contemporaneous provisions in state constitutions, the Second Amendment’s drafting history, and post-ratification interpretations were consistent with its interpretation of the amendment."
<-- Entry / Current Comment
4321 said @ 1:33am GMT on 24th February
From your link:
"In the majority opinion authored by Justice Antonin Scalia, the Court first conducted a textual analysis of the operative clause, "the right of the people to keep and bear Arms, shall not be infringed." The Court found that this language guarantees an individual right to possess and carry weapons. The Court examined historical evidence that it found consistent with its textual analysis. The Court then considered the Second Amendment’s prefatory clause, "[a] well regulated Militia, being necessary to the security of a free State," and determined that while this clause announces a purpose for recognizing an individual right to keep and bear arms, it does not limit the operative clause. The Court found that analogous contemporaneous provisions in state constitutions, the Second Amendment’s drafting history, and post-ratification interpretations were consistent with its interpretation of the amendment."
