Meaning of the second amendment - Page 2

Meaning of the second amendment

This is a discussion on Meaning of the second amendment within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by cj Most people on this board know the words, but what do they really mean? I'm ashamed to admit that I never ...

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Thread: Meaning of the second amendment

  1. #16
    Ex Member Array detective's Avatar
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    Quote Originally Posted by cj View Post
    Most people on this board know the words, but what do they really mean? I'm ashamed to admit that I never really looked into it...into the arguments about 'militia' and such. So I did a little research of my own, digging into historic meanings, and some interesting iterations which preceded the final version. I'm wondering about others' thoughts on my conclusions.

    "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."

    "security of a free State"
    At the time of writing, of course, the authors had the thought of stopping a tyrannical government foremost in their minds. As such, the ability to take up arms against such a government, even if it were to be against themselves, was seen as vital.

    "well regulated"
    Historically, this has meant: 'trained', 'educated', or 'in working order'

    "Militia"
    Here's the sticking point for so many...however the 'militia' at the time was every able-bodied person who could participate in a military action. We've heard about the minutemen and such...regular working men who made up many of the combatants...THESE were the militia. Early iterations of the text for the second amendment actually included exemptions for who would be the militia (for those whose religion prevented them from taking up arms). So basically, EVERY able-bodied male at the time was potentially part of the 'Militia'.

    As such, a "well regulated militia" consists of the people of the country who are trained and have a working knowledge of arms.

    So where does this lead in more modern text? My interpretation, with some modernization:

    "As the ability for all able-bodied people to have a working knowledge of arms and armament is necessary to prevent tyranny or loss of freedom by the government, the right of those same people to own and have the knowledge to use arms shall not be infringed by that government."

    Any insights, corrections, or additional research to toss in?
    Sometime, read the "Syllabus" for the SCOTUS HELLER OPINION on the 2nd A from 2008 - especially since, as our Fathers intended, THAT is for legal purposed the Second A. It's also interesting, aside from the exhaustive background research, that regulations are not at all outlawed by the OPINION so long as they do not take away the possibility of possessing a working firearm. That's the only Unconstitutional item - fact, several regulation-types are enumerated just to make sure that point of their specific intent to permit regulation is driven home.

    When you read the research, have a full afternoon or evening to do it, it is really exhaustive. I've only gotten thru parts of it.


  2. #17
    VIP Member Array Doghandler's Avatar
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    Re: Meaning of the second amendment

    Anything enumerated in the Constitution means whatever the Supreme Court says it means. You will literally have to make your case in front of them if you want them to support your view.

    ...
    The problem with the world is grown-ups behaving like unsupervised children.
    There is a solution but we are not Jedi... not yet.
    Doghandler

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