In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

todays ruling

KEVD18KEVD18 Member Posts: 15,037
edited June 2008 in General Discussion
i have nothing to add. but it would seem that everybody else is starting a thread to boost their post counts so i figured id join in.

feel free to inundate this thread with useless posts to boost your count.

Comments

  • gunnut505gunnut505 Member Posts: 10,290
    edited November -1
    Great idea!
    Herewith are some quotes culled from the decision;

    Opinion of the Court
    c. Meaning of the Operative Clause.
    Putting all of these textual elements together, we find that they guarantee
    the individual right to possess and carry weapons in
    case of confrontation. This meaning is strongly confirmed
    by the historical background of the Second Amendment.
    We look to this because it has always been widely understood
    that the Second Amendment, like the First and
    Fourth Amendments, codified a pre-existing right. The
    very text of the Second Amendment implicitly recognizes
    the pre-existence of the right and declares only that it
    "shall not be infringed." As we said in United States v.
    Cruikshank, 92 U. S. 542, 553 (1876), "[t]his is not a right
    granted by the Constitution. Neither is it in any manner
    dependent upon that instrument for its existence. The
    Second amendment declares that it shall not be infringed
    . . . ."16It was, he said, "the natural right of resistance and selfpreservation,"
    id., at 139, and "the right of having and
    using arms for self-preservation and defence," id., at 140;

    In 1825, William Rawle, a prominent lawyer who had
    been a member of the Pennsylvania Assembly that ratified
    the Bill of Rights, published an influential treatise, which
    analyzed the Second Amendment as follows:
    "The first [principle] is a declaration that a well
    regulated militia is necessary to the security of a free
    state; a proposition from which few will dissent. . . .
    "The corollary, from the first position is, that the
    right of the people to keep and bear arms shall not be
    infringed.
    "The prohibition is general. No clause in the constitution
    could by any rule of construction be conceived
    to give to congress a power to disarm the people. Such
    a flagitious attempt could only be made under some
    general pretence by a state legislature. But if in any
    blind pursuit of inordinate power, either should attempt
    it, this amendment may be appealed to as a restraint
    on both." Rawle 121-122.20

    It may be objected that if weapons that are most useful
    in military service-M-16 rifles and the like-may be
    banned, then the Second Amendment right is completely
    detached from the prefatory clause. But as we have said,
    the conception of the militia at the time of the Second
    Amendment's ratification was the body of all citizens
    capable of military service, who would bring the sorts of
    lawful weapons that they possessed at home to militia
    duty. It may well be true today that a militia, to be as
    effective as militias in the 18th century, would require
    sophisticated arms that are highly unusual in society at
    large. Indeed, it may be true that no amount of small
    arms could be useful against modern-day bombers and
    tanks. But the fact that modern developments have limited
    the degree of fit between the prefatory clause and the
    protected right cannot change our interpretation of the
    right.
Sign In or Register to comment.