Second amendment, only for militias?

Discussion in 'Gun Control' started by Maccabee, Jun 28, 2016.

  1. danielpalos

    danielpalos Banned

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    Keeping and Bearing Arms for the State or the Union is when the militia may not be Infringed. It is why a "bazookanier" does not need a State of federal issue bazooka class three license. Merely weapons qualification in a well regulated militia.
     
  2. Texan

    Texan Well-Known Member

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    The RIGHT OF THE PEOPLE to keep and bear arms shall not be infringed. It doesn't say the "right of the militia" to arm it's members......
     
  3. danielpalos

    danielpalos Banned

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    still looking for your lost clue and your lost Cause, down there in the South? The People are the Militia.
     
  4. Turtledude

    Turtledude Well-Known Member Donor

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    that's complete garbage and no serious legal scholar nor any court has adopted that silly argument.
     
  5. danielpalos

    danielpalos Banned

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    It reads, Only well regulated militia of the People may not be Infringed when Keeping and and Bearing Arms for their State or the Union.

    The unorganized militia may always be Infringed, when being infidel, protestant, and renegade to our supreme law of the land.
     
  6. Turtledude

    Turtledude Well-Known Member Donor

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    that's nonsense. the right is that of the people-individual citizens. not the militia because the militia is a post-government creation and the right is one that pre-exists government
     
  7. Ronstar

    Ronstar Well-Known Member Past Donor

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    and yet the 2nd Amendment mentions the Militia as neccessary for a free state, and then declares the right to keep & carry guns shall not be infringed, so as to provide for the Militia.
     
  8. DoctorWho

    DoctorWho Well-Known Member

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    Which "The People" is Everybody, even those not with "The Militia" The right of The people to keep and bear Arms shall not be infringed.

    Otherwise it would have read, The Right of The Militia to keep and bear Arms shall not be infringed.
     
  9. DoctorWho

    DoctorWho Well-Known Member

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    Wrong again, it is to provide first a Defense for The People, from ordinary Outlaws and Criminals and Predatory Animals, and from Tyranny of local leaders and Despots, and Tyranny in ascending order, something Liberals always deny.
     
  10. Texan

    Texan Well-Known Member

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    I've never understood where you got this obtuse, bizzaro interpretation of the 2A. Why would we need a Constitutional Amendment to protect the rights of the militia? Do you think the people will disarm them? The amendment clearly states that the right of the PEOPLE to keep and bear arms shall not be infringed. The purpose for this is so that the militia can be an effective fighting force for the security of our freedom. It's in plain English. I don't see the words "only" or "when" in my 2A, or any words with similar meanings.

    Why were my rights to keep and bear arms infringed? I've already argued this with you and I didn't ask you in the first place.
     
  11. TOG 6

    TOG 6 Well-Known Member

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    From the book "'How to Troll the Internet' for Dummies"
     
  12. danielpalos

    danielpalos Banned

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    the people are the militia.

    - - - Updated - - -

    the People are the Militia.

    - - - Updated - - -

    natural rights are secured in State Constitutions and available via Due Process.

    - - - Updated - - -

    The People are the Militia. As far as I am concerned, some Red Dragon somewhere has earned the right to "harass his Speaker of the House" for not doing enough for the Cause of our State and the Union.
     
  13. DoctorWho

    DoctorWho Well-Known Member

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    Due process has to do with how people cannot be arrested without cause, or an arrest warrant, or searched or seizure without probable cause or a search warrant, due process guarantees a persons Rights will be respected beginning with reading a person their Rights under the Miranda decision.
     
  14. Ronstar

    Ronstar Well-Known Member Past Donor

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    Miranda was stupid.

    cops shouldn't have to remind people of their rights every time they make an arrest

    if you're too stupid to know your rights, that's your problem,
     
  15. danielpalos

    danielpalos Banned

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    Due Process secures natural rights which are recognized in State Constitutions.
     
  16. DoctorWho

    DoctorWho Well-Known Member

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    Generic Miranda Warning:

    " You have the right to remain silent and refuse to answer questions.

    Anything you say can and may be used against you in a court of law.

    You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

    If you cannot afford an attorney, one will be appointed for you free of charge, before any questioning if you wish.

    If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

    Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?"
     
  17. Xenamnes

    Xenamnes Banned

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    Meaning you do not have a problem with police officers resorting to abusive and torturous tactics in order to extract a confession from a suspect, even one who is mentally deficient, simply because it would be easier for them to do such?
     
  18. Turtledude

    Turtledude Well-Known Member Donor

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    cannot say I disagree with that.
     
  19. Turtledude

    Turtledude Well-Known Member Donor

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    and yet, what so many pretend to miss is that the right belongs to the people.
     
  20. DoctorWho

    DoctorWho Well-Known Member

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    There is a legal responsibility for Police to inform people of their rights, this also reminds Police Officers that they need to respect the rights of a suspect, if the suspect is not read the Miranda warning, a Judge can dismiss a case on those grounds.
     
  21. DoctorWho

    DoctorWho Well-Known Member

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    Again you are wrong !

    "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."

    Two independent clauses, 1. A well regulated Militia being necessary to the security of a free State.
    2. The right of the people to keep and bear arms shall not be infringed.

    The right of the people to keep and bear Arms is not dependent on being part of The Militia, However, The Militia is composed of all able bodied men otherwise occupied at their normal professions and able to mobilize in times of need.
     
  22. Turtledude

    Turtledude Well-Known Member Donor

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    a court created right--often supported by people who think the Ninth amendment properly bans laws against sodomy or gay marriage

    yet read the second amendment as not applying to citizens

    go figure
     
  23. danielpalos

    danielpalos Banned

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    no, it isn't. it belongs to the State. natural rights are secured in State Constitutions, not our federal Constitution.

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    they are not, independent clauses; one clause clearly provides the rationale, intent and purpose for the other clause. the People are the militia.

    and,

    natural rights are secured in State Constitutions.

    - - - Updated - - -

    we do; the citizens are the militia.
     
  24. Turtledude

    Turtledude Well-Known Member Donor

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    you are wrong again. the right contained in the second amendment-as noted in CRUIKSHANK-does not depend on the constitution and pre-existed government try again
     
  25. danielpalos

    danielpalos Banned

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    The People are the Militia. Our Second Amendment declares what is necessary to the security of a free State, not a free People.
     

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