Congress expressly recognizes that the 2A secures an INDIVIDUAL right

Congress expressly recognizes that the 2A secures an INDIVIDUAL right

This is a discussion on Congress expressly recognizes that the 2A secures an INDIVIDUAL right within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Both the House and Senate versions of the recently passed "Disaster Recovery Personal Protection Act of 2006" contain a specific finding that the Second Amendment ...

Results 1 to 4 of 4

Thread: Congress expressly recognizes that the 2A secures an INDIVIDUAL right

  1. #1
    Senior Moderator
    Array MattInFla's Avatar
    Join Date
    Nov 2005
    Location
    Central Florida
    Posts
    4,857

    Congress expressly recognizes that the 2A secures an INDIVIDUAL right

    Both the House and Senate versions of the recently passed "Disaster Recovery Personal Protection Act of 2006" contain a specific finding that the Second Amendment secures an individual right.

    (1) The Second Amendment to the Constitution of the United States states that, `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.' and Congress has repeatedly recognized this language as protecting an individual right.
    There it is, in black and white, straight from the Legislature.



    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.


  2. #2
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,936
    We'll see.

    When the next President gets in office, we'll see just how much the English Language can be interpreted to mean just about anything in any way that you want it it too.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  3. #3
    Member Array Double Naught Spy's Avatar
    Join Date
    Aug 2006
    Location
    Texas
    Posts
    453
    While it is nice to know that Congress may recognize that it has seen the 2A as representing an individual right, such a finding carries no legal clout. It is simply an acknowledgment of historic record.

    In regard to Congress recognizing the right, that is fine and dandy, but it is the Judicial branch that is responsible for interpretation of the laws or challenges to the interpretation of laws, once passed, of course. In other words, Congress can recognize history all they want, but that is only part of the process and not necessarily the final say so on legislation.

    Of course, the interpretation can be taken one step further. It can be argued that Congress has repeatedly held up the notion that while the 2A may be an individual right, that it is NOT a right free of encumberances as indicated by all of the legal restrictions applied to gun ownership and possession. The individual right is greatly hobbled.

  4. #4
    VIP Member Array sgtD's Avatar
    Join Date
    Aug 2006
    Location
    Kansas
    Posts
    2,292
    Quote Originally Posted by Double Naught Spy View Post
    While it is nice to know that Congress may recognize that it has seen the 2A as representing an individual right, such a finding carries no legal clout. It is simply an acknowledgment of historic record.

    In regard to Congress recognizing the right, that is fine and dandy, but it is the Judicial branch that is responsible for interpretation of the laws or challenges to the interpretation of laws, once passed, of course. In other words, Congress can recognize history all they want, but that is only part of the process and not necessarily the final say so on legislation.

    Of course, the interpretation can be taken one step further. It can be argued that Congress has repeatedly held up the notion that while the 2A may be an individual right, that it is NOT a right free of encumberances as indicated by all of the legal restrictions applied to gun ownership and possession. The individual right is greatly hobbled.
    The above in my opinion is accurate, but I would place it in a more positive light than that.

    Having been forced to read and brief numerous supreme court decisions over the course of my education, I can tell you that more often than not, the intent of Congress when taking positions and drafting legislation weighs heavily on the final decisions of the court. Though the right is exemplified as being one that can be regulated, it is none the less supported and intereperated as an individual right. Most times when congress passes any legislation affirming the individual right interpretation, it is a positive thing overall, becuase it sets precedent against the collective right interpretation of the left.

    The most important thing that we as citizens can do, is elect pro 2A legislators and Presients who will appoint and confirm pro 2A judges to the Supreme Court.

    I would appreciate any feedback on my position, if I am in error. I know we have some great legal minds on this forum after reading the "what do you do for a living thread" and would be interested to hear from some of them.
    When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Now we know how the SS secures a room for an unannounced visit
    By paramedic70002 in forum General Firearm Discussion
    Replies: 40
    Last Post: June 18th, 2010, 04:43 PM
  2. WY Now Recognizes All Statewide CHP's From States That Recogize WY
    By Tom357 in forum Concealed Carry Issues & Discussions
    Replies: 22
    Last Post: March 8th, 2010, 11:33 AM
  3. Gay Iraqi recognizes value of 2A
    By Holger in forum The Second Amendment & Gun Legislation Discussion
    Replies: 7
    Last Post: July 29th, 2009, 07:11 PM
  4. Even Obama recognizes individual RKBA
    By Bob The Great in forum The Second Amendment & Gun Legislation Discussion
    Replies: 1
    Last Post: February 16th, 2008, 11:32 AM
  5. Nevada now recognizes ccw permit holders
    By xd.40sub in forum Concealed Carry Issues & Discussions
    Replies: 20
    Last Post: December 10th, 2007, 08:09 PM