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re: Gun control lobby going after muzzleloaders now?

Posted on 11/18/17 at 3:35 pm to
Posted by TigersFan64
Baton Rouge, LA
Member since Oct 2014
4755 posts
Posted on 11/18/17 at 3:35 pm to
I know that the lower federal courts for decades ruled that the 2nd Amendment provided a "collective" right as opposed to an "individual" right in many federal court decisions on gun rights, and that the SCOTUS always allowed those decisions to stand. That was the law of the land until the rightwing kooks took over the SCOTUS and totally went against all previous federal court precedent that had been allowed to stand for decades. Also, the phrase "to bear arms" in the 18th and early 19th centuries generally was understood at the time to mean service in formal military formations. And finally, "people" was often used interchangeably for "states" at the time of the Constitutional Convention.

What's laughable is ignorant frickers like you and Wayne LaPierre think you can simply ignore the clause in the 2nd Amendment that doesn't fit your viewpoint..."A WELL-REGULATED MILITIA..." At the time of the Constitutional Convention, the FF were very aware of a recent event known as Shay's Rebellion and were conscious of the dangers of people raising their own private armies and marching on the government. That's why they intended for militias to be well regulated and controlled by the states.
This post was edited on 11/18/17 at 3:36 pm
Posted by LSURussian
Member since Feb 2005
128384 posts
Posted on 11/18/17 at 3:43 pm to
Bless your heart....
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
20210 posts
Posted on 11/18/17 at 3:54 pm to
I’m so very glad that people who know much much more than you about constitutional law serve the people of this country by interpreting the 2nd Amendment as an individual right, and that you’re on the losing side of this argument.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14249 posts
Posted on 11/18/17 at 5:44 pm to
quote:

you can simply ignore the clause in the 2nd Amendment that doesn't fit your viewpoint..."A WELL-REGULATED MILITIA..."


No one is ignoring the clause. It’s a Prefatory clause.

quote:

The prefatory clause is the lead-in that “announces a purpose” for the operative clause. The court stated: "The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms"(Heller law syllabus p.1).
Posted by ninthward
Boston, MA
Member since May 2007
20665 posts
Posted on 11/19/17 at 8:49 am to
The right of the people.

/thread
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