Quote:
|
"At stake in the present appeal is the vitality of several key provisions of the Gun Control Act of 1968,[fn1] a statutory program which restricts the right to bear arms of convicted felons and other persons of dangerous propensities.[fn2]....U.S.Const. amend. II states: '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' Arguably, any regulation of firearms may be violative of this constitutional provision. Nevertheless, the courts consistently have found no conflict between federal gun laws and the Second Amendment, narrowly construing the latter to guarantee the right to bear arms as a member of a militia...." U.S. v. Graves, 554 F.2d 65 (3rd Cir. 1977)
|
After reading all the court opinions, it's clear that courts have "found" that the right to keep or bear arms is only as part of a state militia. This is the way the courts have "chosen" to interpret the Second Amendment. It's based on a political agenda.
I covered this a page ago. The first part of the sentence is suppose to be justification, the second part the actual rule of law.
" the right of the people to keep and bear Arms, shall not be infringed" is the law.
'A well regulated Militia, being necessary to the security of a free State" is the justification for "people" having weapons.
Militia is:
1. An army composed of ordinary citizens rather than professional soldiers.
2. A military force that is not part of a regular army and is subject to call for service in an emergency.
3. The whole body of physically fit civilians eligible by law for military service.
(source: The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2000 by Houghton Mifflin Company.)
Remember when this amendment was added, over 200 years ago, without a standing army, when citizens were the soldiers.
Bottom line, every law that infringes on law-abiding citizens keeping or bearing arms is violating the Second Amendment.
We have just become accustom to having our rights infringed by the Federal Government.