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What Gun Control Proponents Have to Believe

Josey1Josey1 Member Posts: 9,598 ✭✭
edited May 2002 in General Discussion
What Gun Control Proponents Have to Believe
by Jim Cammarano - CalNRA Contributing Editor
California Rifle & Pistol Director
President San Diego Rifle and Revolver Association

Thomas Jefferson, in a letter to William Johnson, June 12, 1823, (The Complete Jefferson,
p322.) gave future generations his advice on interpreting the Constitution:
"ON every question of construction (of the Constitution) let us carry ourselves back to the time
when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of
trying what meaning may be squeezed out of the text, or invent against it, conform to the probable
one in which it was passed.".

In order to believe in gun control, you have to believe that history and the documents written by
the founding fathers have little bearing on what they encoded into the Constitution. Gun control
proponents believe that what liberal law school professors and judges say about the Constitution
are more valid than what the founding fathers themselves said and wrote.

Proponents of gun control have to believe that near the beginning of the Bill of Rights,
Amendments clearly designed to limit governmental power and to protect citizens, is a statement
designed to enable the government to raise militias and to keep individuals from owning firearms.
They have to believe this despite the fact that in Article I Section 8 of the US Constitution the
Congress is given the power "To raise and support armies." However, given their fear of standing
armies to tyrannize the citizenry they limited this ability to "but no appropriation of money to that
use shall be for a longer term than two years...."

To believe in gun control you would have to believe that the second clause of the Second
Amendment is entirely dependent on the first. Despite the fact that many expert grammarians have
weighed in to the contrary. You can see the folly of this plainly in a reworked version of the Second
Amendment:

"A well educated citizenry, being necessary to the security of a free State, the right of the people to
keep and bear books, shall not be infringed". Does this mean that only libraries can own books?
Does this mean only States can own books? Does this mean people can't own books or carry them?

The Second Amendment 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." In other words to
believe in gun control, you have to believe that the only reason for a citizen to have arms is for
militia duty. They have no individual right to own a firearm. The words "the people" would have
to mean a group not individuals. This makes little sense. How can a group have rights that
individuals don't? No one interprets the first Amendment and "the right of the people" therein to
mean a group. That would mean individuals have no right to free speech only groups. * In 1990,
the Supreme Court observed in U.S. v. Verdugo-Urquidez, that the right to keep and bear arms, like
rights protected by the First, Fourth, Ninth, and Tenth Amendments, is an individual right held by
"the people," which the court defined as all "persons who are a part of a national community. The
National Guard was established in 1903 and subject to federal control, could not have been the type
of body envisioned by the framers, even if the goal were to protect only an organized state militia.
Under federal law, the militia consists of all able-bodied males of an age to serve, and some females
and older men. (10U.S.C. ?311 and 32 U.S.C. ?313). Even if Gun Control proponents believe that
the only reason to have firearms is to serve in a militia, they clearly do not want unorganized militia
members to have access to militia weapons like M-16's and hand grenades.

To believe in gun control, you also have to believe that the state versions of the Second Amendment
adopted in the same time period, which were based on the Second Amendment also confer no
individual rights to keep and bear arms.

Kentucky: The right of the citizens to bear arms in defence of themselves and the State shall not be
questioned. (1792)

Vermont: [T]he people have a right to bear arms for the defence of themselves and the State -- and
as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that
the military should be kept under strict subordination to and governed by the civil power (1777)

Pennsylvania: That the people have a right to bear arms for the defence of themselves and the state;
and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up;
And that the military should be kept under strict subordination, to, and governed by, the civil power
(1776).

Perhaps the strongest phrase in the Bill of Rights admonishing the government not to tamper with
the rights of "the people" appears in the Second Amendment with the people's right to keep and
bear arms "shall not be infringed". Infringed means "to violate", "to encroach". It is even more
restrictive than the First Amendment's "Congress shall make no law" since it also would apply to
Local , State, and Federal laws. To believe in gun control, you have to believe that this phrase does
not mean what it clearly states. You have to believe that banning firearms, not permitting citizens
to own or carry firearms is not an encroachment of a constitutional right.

To believe in gun control, you have to posit that even though minutemen who provided their own
personal firearms for battle, and defeated the most powerful military force in the world, that the
founding fathers denied in law the right to keep and bear arms to future generations of Americans.

Gun controllers also have to be able to explain that if the Second Amendment confers only rights
to groups, how come individuals have been able to legally purchase, possess, and use firearms in
America for over 200 years? How come gun stores are federally licensed? Hasn't the government
sanctioned individual purchases of firearms? The US Constitution is highest law in the land. If it
explicitly prevents individuals from owning firearms, why has the government for centuries allowed
the purchase of firearms by individuals? The Government itself continues to sell firearms to
individuals. To believe in gun control, you have to believe that over 200 years of arms sales to
individuals was due to an erroneous reading of the Constitution.

Gun controllers also have to believe that the founding father's did not view the firearm as a tool to
provide food when no grocery stores existed on the frontier. That a firearm was unnecessary for self
defense when homesteaders often came in contact with wild animals, bandits, Indian raiding parties
and soldiers from other countries. In fact Thomas Jefferson wrote to the contrary:

I learn with great concern that [one] portion of our frontier so interesting, so important, and so
exposed, should be so entirely unprovided with common fire-arms. I did not suppose any part of the
United States so destitute of what is considered as among the first necessaries of a farm-house."
--Thomas Jefferson to Jacob J. Brown, 1808. ME 11:432

In order to believe in gun control, you have to believe that the Second Amendment is an archaic
footnote that is not on the same order as the other Amendments. For example, the First Amendment
is interpreted so broadly by some as to prevent a moment of silence in schools. These same
individuals interpret the Second Amendment so narrowly as to give States the right to raise militias
carrying muskets provided to them by the government and grant "the people" no rights at all. I have
heard gun controllers say "OK you win. The Second Amendment does grant you the right to carry
a musket". This argument is specious. Somehow, they grant the other Amendments the benefit of
technology. They say "the founding fathers never envisioned fully automatic weapons." What they
are essentially saying is that the founding fathers who perhaps were the most visionary group of
individuals gathered in any time in history lacked forethought. Clearly, this cannot be correct. They
believed that the citizenry needed the ability to fight a tyrannical government. This is well
documented. Therefore, they would need arms of the same capabilities as a standing army. In their
own time, they saw improvements in firearms. What would be more difficult for the founding
fathers to conceive of fully automatic weapons, or the right to free speech promulgated by Radio,
Television, Fully Automated Printing Presses, Satellites, the Internet, and Motion Pictures?

The courts have consistently ruled that police departments are not legally compelled to protect
individuals only "society at large." Since it may be impossible for the police to be where they are
needed at that particular critical moment this makes some sense. Even if the police are notified
BEFORE a murder is committed, if they fail to respond there can be no legal remedy pursued.
Notice that the police always seem to show up after the murder has been committed. If you believe
in gun control, you believe that no one has the right to self-defense. They believe that if you are
being raped you should just surrender yourself and hope that if you don't resist you will save your
life. Gun controllers believe that you lack the capacity to protect yourself via arms. They believe
that being a victim is better than being armed. Ironically, they believe that while you should not
have a gun, when you are in trouble you should call men with guns (the police) to save you.

The founding fathers believed in freedom and they had gained their own through armed insurrection.
Their militias composed of citizens carried arms owned by individuals not the State. Proponents of
gun control also have to believe that despite voluminous documentation of the founding father's
support for an individuals gun ownership, they did a complete about face and denied this right in
the Constitution (The founders believed that the Second Amendment merely acknowledged a pre-
existing right). Gun controllers believe this despite the fact that there is no known writings of a
founding father that endorses gun control of any type. You would also have to believe that despite
the fact that one reason for the Revolutionary War was England's attempt to confiscate individual's
firearms the founding father's decided that gun control was the better course. Gun control
proponents have to believe that the founding father's were the biggest bunch of liars in their time.
They believe that when the founding fathers spoke the following words, they did not mean what
they said:

"The said Constitution be never construed .to prevent the people of the United States who are
peaceable citizens from keeping their own arms." Samuel Adams, during Massachusetts's
Convention to Ratify the Constitution (1788).

"The best we can hope for concerning the people at large is that they be properly armed."
(Alexander Hamilton, The Federalist Papers at 184-8)

"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this
gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind.
Games played with the ball, and others of that nature, are too violent for the body and stamp no
character on the mind. Let your gun, therefore, be the constant companion of your walks." --Thomas
Jefferson to Peter Carr, 1785. ME 5:85, Papers 8:407

"The constitutions of most of our States assert that all power is inherent in the people; that... it is
their right and duty to be at all times armed." --Thomas Jefferson to John Cartwright, 1824. ME
16:45

"One loves to possess arms, though they hope never to have occasion for them." --Thomas Jefferson
to George Washington, 1796. ME 9:341

"None but an armed nation can dispense with a standing army. To keep ours armed and disciplined
is therefore at all times important." --Thomas Jefferson to
, 1803. ME 10:365

Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to
commit crimes. Such laws make things worse for the assaulted and better for the assailants; they
serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with
greater . confidence than an armed man." Thomas Jefferson, quoting Cesare Beccaria in On Crimes
and punishment (1764).

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as
well as property . . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
Thomas Paine, Thoughts on Defensive War (1775).

"No free man shall ever be debarred the use of arms." Thomas Jefferson, Proposed Virginia
Constitution (1776).

"A militia when properly formed are in fact the people themselves and include all men capable of
bearing arms .To preserve liberty it is essential that the whole body of people always possess arms
. . . " Richard Henry Lee, Additional Letters From the Federal Farmer 53 (1788).

"I ask, sir, what is the militia? It is the whole people. To disarm the people is the best and most
effectual way to enslave them." George Mason, during Virginia's Convention to Ratify the
Constitution (1788).

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel.
Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you
are ruined." Patrick Henry, during Virginia's Convention to Ratify the Constitution (1788)

"Besides the advantage of being armed, which the Americans possess over the people of almost
every other nation, the existence of subordinate governments, to which the people are attached, and
by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more
insurmountable than any which a simple government of any form can admit of. Notwithstanding the
military establishments in the several kingdoms of Europe, which are carried as far as the public
resources will bear, the governments are afraid to trust the people with arms." --James Madison, The
Federalist Papers, No. 46

"Suppose that we let a regular army, fully equal to the resources of the country, be formed; and let
it be entirely at the devotion of the federal: still it would not be going to far to say that the State
governments with the people at their side would be able to repel the danger...half a million citizens
with arms in their hands" --James Madison, The Federalist Papers

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor
safety."-- Benjamin Franklin Historical Review of Pennsylvania. [Note: This sentence was often
quoted in the Revolutionary period. It occurs even so early as November, 1755, in an answer by the
Assembly of Pennsylvania to the Governor, and forms the motto of Franklin's "Historical Review,"
1759, appearing also in the body of the work.--Frothingham: Rise of the Republic of the United
States, p. 413. ]

"False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling
inconvenience; that would take fire from men because it burns, and water because one may drown
in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are
laws of such a nature. They disarm only those who are neither inclined nor determined to commit
crime."--Cesare Beccaria, quoted by Thomas Jefferson

"The right of the people to keep and bear arms has been recognized by the General Government; but
the best security of that right after all is, the military spirit, that taste for martial exercises, which
has always distinguished the free citizens of these States....Such men form the best barrier to the
liberties of America" -- Gazette of the United States, October 14, 1789.

"The right of the people to keep and bear...arms shall not be infringed. A well regulated militia,
composed of the body of the people, trained to arms, is the best and most natural defense of a free
country..."--James Madison, I Annals of Congress 434, June 8, 1789.

"A militia, when properly formed, are in fact the people themselves...and include all men capable
of bearing arms." --Richard Henry Lee, Additional Letters from the Federal Framer (1788) at p. 169

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of
liberty.... Whenever Governments mean to invade the rights and liberties of the people, they always
attempt to destroy the militia, in order to raise an army upon their ruins."--Rep. Elbridge Gerry of
Massachusetts, spoken during floor debate over the Second Amendment, I Annals of Congress at
p. 750, August 17, 1789.

Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom
of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the
whole body of the people are armed, and constitute a force superior to any bands of regular troops
that can be, on any pretense, raised in the United States"--Noah Webster in "An Examination into
the Leading Principles of the Federal Constitution," 1787, in Paul Ford, ed., Pamphlets on the
Constitution of the United States, at p. 56 (New York, 1888).

"The great object is that every man be armed....Everyone who is able may have a gun." -- Patrick
Henry, Elliot Debates

"THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA
FROM SIXTEEN TO SIXTY....Who are the militia? are they not ourselves?...Congress have no
power to disarm the militia....Their swords, and every other terrible implement of the soldier, are
the birth right of an American. The unlimited power of the sword is not in the hands of the federal
or state governments, but, where I trust in God it will ever remain, in the hands of the people. ---
Tench Coxe Pennsylvania Gazette February 20,1788

".....to disarm the people; that was the best and most effectual way to enslave them..." --- George
Mason, Elliot Debates

"[W]hen the resolution of enslaving America was formed in Great Britain, the British Parliament
was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was
the best and most effectual way to enslave them; but that they should not do it openly, but weaken
them, and let them sink gradually.". . . I ask, who are the militia? They consist now of the whole
people, except a few public officers." -- George Mason, of Virginia: Virginia's U.S. Constitution
ratification convention, 1788

"And what country can preserve it's liberties, if it's rulers are not warned from time to time, that this
people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed
from time to time, with the blood of patriots and tyrants." --- Thomas Jefferson

"...to preserve liberty, it is essential that the whole body of the people always possess arms, and be
taught alike, especially when young, how to use them.." --- Richard Henry Lee, Letters from a
Federal Farmer 1787-1788

"The constitution ought to secure a genuine militia and guard against a select militia. .... all
regulations tending to render this general militia useless and defenceless, by establishing select
corps of militia, or distinct bodies of military men, not having permanent interests and attachments
to the community ought to be avoided." ---- Richard Henry Lee

"Arms in the hands of citizens [may] be used at individual discretion...in private self-defense..."
(John Adams, A Defense of the Constitutions of the Government of the USA, 471 (1788))

"AS civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and
as the military forces which must be occasionally raised to defend our country, might pervert their
power to the injury of their fellow citizens, the people are confirmed by the article in their right to
keep and bear arms". (Tench Coxe in "Remarks On The First Part Of The Amendments to The
Federal Constitution". Under the pseudonym "A Pennsylvanian", in the Philadelphia Federal
Gazette, June 8, 1789, at 2 col.1.)

"IT is asserted by most respectable writers upon our government, that a well-regulated militia,
composed of the yeomanry of the country, have ever been considered as the bulwark of a free
people. Tyrants have never placed any confidence on a militia composed of freemen" (John
Dewitt)

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane
of liberty. ...Whenever Governments mean to invade the rights and liberties of the people, they
always attempt to destroy the militia, in order to raise an army upon their ruins." (Rep. Elbridge
Gerry of Massachusetts, spoken during floor debate over the Second Amendment, I Annals of
Congress at 750, August 17, 1789)

"...but if circumstances should at any time oblige the government to form an army of any magnitude,
that army can never be formidable to the liberties of the people, while there is a large body of
citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their
rights..." (Alexander Hamilton speaking of standing armies in Federalist 29.)

"The rights of conscience, of bearing arms, of changing the government, are declared to be inherent
in the people." -- Fisher Ames, of Massachusetts, Letter to F.R. Minoe, June 12, 1789

Finally if you believe in gun control, you have to believe that two of most prominent Democrats in
this century were entirely wrong in their assessment of the Second Amendment:

"The right of citizens to bear arms is just one more guarantee against arbitrary government, one
more safeguard against tyranny which now appears remote in America, that historically has proven
to be always possible." Hubert H. Humphrey

"...By calling attention to a well-regulated militia for the security of the Nation, and the right of
each citizen to keep and bear arms, our founding fathers recognized the essentially civilian nature
of our economy. Although it is extremely unlikely that the fear of governmental tyranny, which
gave rise to the Second Amendment, will ever be an important danger to our Nation, the
Amendment remains an important declaration of our basic military-civilian relationship, in which
every citizen must be ready to participate in the defense of his country. For that reason I believe the
Second Amendment will always be important. --- President John F. Kennedy

It is my hope that this article touches off honest public debate among the gun control proponents
and that pro-gun activists will renew their strength and do what is necessary to keep this generation
and future generations armed. Alexander Hamilton saw the dangers ahead and stated "The best we
can hope for concerning the people at large is that they be properly armed." That is my hope too.


http://www.calnra.org/jc501.html

"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878

Comments

  • RickstirRickstir Member Posts: 574
    edited November -1
    I understand why the first amendment is where it is in the order. The framers sure must have thought the right to keep and bare arms was important, the did make it number 2!

    Like in the NFL, defense is the key.
  • IconoclastIconoclast Member Posts: 10,515 ✭✭✭
    edited November -1
    Excellent point, Rickstir, and one conveniently overlooked as the mushbrains jump up to the 4th, 5th & 6th to agonize over the rights of criminals.
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