"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."
When our forefathers penned these words, they hardly could have imagined how much today's Americans could have twisted their original intention.
This is because of several reasons, I think. Firstly the meanings of the words have changed quite a bit since this draft was scribed. And secondly, arms technology has evolved as well.
The link above points to a DOJ document defining a facet of the 2nd ammendment, specifically if the 2nd amendment speaks of the rights of an individual, a group, or established militia (independent, state, or federal) to keep and bear arms.
Because it is so specific in its focus, the logic used to interpret the ammendment text is very interesting. Here are some points:
The DOJ starts by defining the various possibilities of interpretation: rights are given to individuals, organizations, or militias. Then they speak a bit about the history of court decisions on the subject. Finally they conclude that..." Recent decisions of the Fifth and Ninth Circuits have begun to remedy the relatively sparse judicial analysis of the meaning of the Second Amendment. In 2001, the Fifth Circuit in United States v. Emerson adopted the individual-right view, based on an extensive analysis of the Amendment's text and history. The following year, the Ninth Circuit in Silveira v. Lockyer rejected Emerson with an extended counter-analysis and reaffirmed its adherence to the collective-right view.
Six members of the Ninth Circuit dissented from denial of rehearing en banc and endorsed an individual-right view.
In sum, the question of who possesses the right secured by the Second Amendment remains open and unsettled in the courts and among scholars."
Why there is so much confusion on such a simple statement as "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" is a bit beyond me. When I read the phrase, it is pretty clear what the forefathers meant. Those who strive to twist the meaning of the words to suit their own unconstitutional gains need only place the original words in their original context and it will be quite clear that any attempt to interpret the words as anything other than a ban on the peoples' right ot keep and bear arms is simply wrong. In fact, this is exactly what the DOJ did in their research: "Accordingly, we turn to the Amendment's text, as commonly understood at the time of its adoption and interpreted in light of other provisions of the Constitution and the Amendment's historical antecedents, to discern its proper meaning."
So what did they find?
Well, you can read the text for yourself (it's pretty long). Essentially they break the ammendment into two sections: the core statement: "the right of the people to keep and bear Arms, shall not be infringed" and the "pretext" "A well regulated Militia, being necessary to the security of a free State". They proceed to analyze each part.
"The right of the people" refers to a right of the individual citizens of the U.S., not a militia, or branch of the armed services or individual in active duty in the armed services. "To keep and bear arms" is interpreted in the language of the time (and it means the same thing today), as "to own or carry." "Shall not be infringed" is also very clear. The word "infringed" has not changed in meaning very much over the years and it obviously means that in order for something to be protected from infringement, no restriction whatsoever shall placed upon it.
The very phrase "gun control" is therefore unconstitutional.
Hey, let me be very clear. I am not a gun-toting NRA card carrying Republican. But I beleive VERY strongly that we need to protect our country from this blatant disrespect for the Constitution.
The Constitution protects us. It contains our Bill of Rights. It prevents one branch of the government from gaining control over another. It prevents the government from overpowering the people, and one State from overpowering another. It tells us how to conduct our voting ...and to the letter! It is the basis of our democracy, it is what separates us from socialist countries and dictatorships, it is our American ideal! It is a very clear and specific document.
The farther we get away from the strict interpretation of the Constitution, the more we bastardize its true meaning and disregard it's clear guidance, the harder it will be for us to call upon its Power when we really need it.
You may not agree with the right to keep an bear arms, however know this: it is unconstitutional for you prevent another from keeping and bearing them. If the Gun Control lobby wants to create laws that control guns IN ANY WAY, they must first follow the constitution and garner support for a Constitutional amendment!
Please read and protect our Constitution!