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The Second Amendment: Three Key Principles

Discussion in 'Legal & Political Archive' started by civilian75, Mar 2, 2013.

  1. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    Good article to share with non-pro-gun people:

    Second Amendment: Three Key Principles | US Constitution, American Center for Law and Justice ACLJ
     
    rur862 and (deleted member) like this.
  2. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    excellent read...
     
  3. Misterbill

    Misterbill Yakima County, Washington New Member

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    If the basic human right of self-defense isn't enough argument, bringing the constitution isn't going to help your argument outside a courtroom.

    Seriously, the antis I've talked to universally regard 2A as being a relic from 1789 that only relates t the militia and you can talk to them until you're blue in the face about Heller, etc.

    But even a lot of antis can be swayed by the human right of self defense. Personally, I don't give a rip about the constitutional arguments outside legal fights. My right exists. It existed before the constitution was written. It will exist whether or not the government chooses to recognize it.
     
  4. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    If they are hung up on the militia, remind them of 10 USC 311, current federal law which says EVERY ADULT MALE between 17 and 45 IS in the militia.
    http://uscode.house.gov/download/pls/10C13.txt

    Remind them of Justice Storey and his comments on the second amendment: "The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time ofanding armies in time of peace, both from the enormous expenses, with which they are attended, and the facilee means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them." Justice Joseph Story on the Second Amendment

    Remind them of what the Supreme Court said in US v Miller: "The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. "A body of citizens enrolled for military discipline." And further, that ordinarily, when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."
    United States v. Miller
     
  5. Rotty

    Rotty Skagit County Active Member

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    Just a snip it taken out Civilian75's quote that grabbed my attention.

    Quote "As the amount of gun ownership has increased in the U.S., gun crimes have actually fallen. Guns are not the problem; armed criminals are the problem." Quote

    Just that alone says A LOT!!!