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Thursday, February 23, 2017

Federal Appeals Court Just Issued A Major Ruling On The Second Amendment

POSTED BY JEFFERSON ADAMS · FEBRUARY 22, 2017

The “so-called judges” are at it again. Yesterday, the US Appeals Court, 4th Judicial Circuit, ruled that Maryland’s Firearm Safety Act of 2013, does not violate the Second Amendment. Reuters reported this morning that the court ruled 10 – 4 that it has “…no power to extend Second Amendment protection to the weapons of war”.

There is no doubt we will hear much wailing and gnashing of teeth from the gun lobby and their blood-thirsty constituents. They will cry that the court is overstepping its authority. They will insist the Founders intended for the people to be well-armed and able to repel, and if necessary, defeat a tyrannical government.

No. That’s not what the Founders meant.

The government the Founders feared was a government propped up by a standing army. The men who devised, debated, and finally delivered our Constitution, feared the idea of a large and powerful military. Control of the army provided the way for strong men to usurp power and make themselves king. Madison argued during the Constitutional Convention that standing armies were a threat to liberty.

A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence against foreign danger, have been always the instruments of tyranny at home.

A Look at the Second Amendment

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.

The first phrase in this sentence includes the word “regulated.” Case closed. The Constitution allows for regulation of arms. In fact, it demands regulation. The early American militia is today’s Reserve and National Guard units. They gather at appointed times and places to practice, drill, and otherwise be prepared for call up to service when needed. The Militia Act of 1903 dictates that the militia is the National Guard. It also sets out the specifics for funding by the Federal government and the details of training. Those are our citizen soldiers of today, not Bubba and the boys at the hunt club.

The Court is correct that the Second Amendment does not cover weapons of war. We don’t let folks play with hand grenades or rocket launchers. A citizen can’t go down to the gun shop and order up an Abrams Tank or an F-18.

Common Sense Gun Laws

Our laws have to make sense in our modern society. We cannot, nor should we be bound to laws and norms of two centuries ago. Our Founding Fathers knew that self-government was an experiment. That’s why they provided legal ways to amend our laws and our government in the Constitution. Also, they realized that as people progressed in knowledge and as society changed to adapt to that knowledge, our laws would have to change with them. Inscribed on the walls of the Jefferson Memorial are the following words.

“I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”

Civilized Society or Barbarians?

There may be some legitimate question as to whether or not America is a “civilized society.” A civilized society doesn’t tolerate the mass murder of children such as we saw in Newtown, Conn. A civilized society does not allow the mentally deranged to purchase deadly weapons, but the Republican controlled Congress does. Every Town for Gun Safety has some sobering statistics. On an average day, 93 Americans die by gun violence. Seven of those Americans are children or teenagers. America’s gun homicide rate is more than 25 times that of other high-income nations. Our perverted love affair with violence and war is not indicative of a civilized society.

It is likely this case will end up in the Supreme Court. Let’s hope those brilliant legal minds are not clouded by the gun smoke that lingers over our beloved nation daily. Will they have the political courage to stand with an America that strives to be civilized, or will they keep us under the deadly regimen of our barbarous ancestors?

6 comments:

  1. That 4th Circuit decision (10-4) fairly represents the percent of Americans who want stricter gun regulations. 55% say laws on gun sales should be more strict than they are now (Gallup). The court also articulated the distinction of "weapons of war."

    ReplyDelete
  2. Whaaaaat,I cant use my AK47 for deer hunting? Guess I'll have to use my Stinger missile instead.....
    I could while away the hours, conferrin' with the flowers
    Consultin' with the rain.
    And my head I'd be scratchin' while
    my thoughts were busy hatchin'
    If I only had a brain.
    I'd unravel every riddle for any individ'le,
    In trouble or in pain.
    With the thoughts I'd be thinkin'
    I could be another Lincoln
    If I only had a brain.

    Can I have an audience with The Wizard?

    ReplyDelete
  3. A Look at the Second Amendment

    A well-regulated militia, being necessary to the security of a free state,

    Am I ignorant of the interpretation that I see. A well regulated militia has absolutely nothing to do with firearm

    I don't believe Congress stated that it had to be with guns bombs tanks or planes

    It only stated it had to be a well regulated

    Being regulated can only come from one ( as defined by Congress)source the United States Military(s). An the Department of treasury

    And any state Militia (as defined by Congress) is regulated as to how one can use a gun bomb tank or plane

    Now if you want to take Bubba that owns 40 acres of land and $5000 of surplus equipment and plays Rambo outback is not part of any state Militia

    He's a citizen

    Watch this pageRead in another language
    Militia (United States)
    Term for militia in the United States

    The American ideal of the citizen soldier, in the militia, depicted by the The Concord Minute Man of 1775, a monument created by Daniel Chester French and erected in 1875, in Concord, Massachusetts.
    The militia of the United States, as defined by the US Congress, has changed over time, complicating its meaning.[1]

    During colonial America, all able-bodied men of certain ages were eligible for the militia.[2] Individual towns formed local independent militias for their own defense.[3] The year before the US Constitution was ratified, The Federalist Papers detailed the founders' vision of the militia.[4][5] The new Constitution empowered Congress to regulate this national military force,[6] leaving significant control in the hands of each State government.[7][8]

    Today, as defined by the Militia Act of 1903, the term "militia" is primarily used to describe two groups within the United States:

    Organized militia – consisting of State militia forces; notably, the National Guard and Naval Militia.[9] (Note: the National Guard is not to be confused with the National Guard of the United States.)
    Unorganized militia – composing the Reserve Militia: every able-bodied man of at least 17 and under 45 years of age, not a member of the National Guard or Naval Militia.[10]
    He being a citizen

    the right of the people to keep and bear arms, shall not be infringed.

    I believe the word is infringed , that gets everybody upset

    If One is legally competent and can legally pass a background check from state /federal / ATF

    And can abide by the rules set by his or her state, one would have no problem with that

    Only 6% of all crimes are perpetrated by the legal gun owner

    February 2, 2015 UpdateThe 2013 National Crime Victimize Survey report there were almost exactly 300,000 crimes, including murders, facilitated with a firearm.

    Of those, not more than 5,000 can be shown to have been facilitated with a firearm legally purchased by the offender.

    Your turn

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  4. Information that I have read Canada had 604 homicides and 2016
    Yes the murder rate in the United States is extremely high however, if you looking at mass murder there were 309 victims
    2016
    and let me emphasize any casualty is unfortunate

    ReplyDelete
    Replies
    1. 604 homicides is correct for 2015. 2016 numbers are not yet available. Same year the number pr. 100,000 population is 1.68. Comparable number for the US is 4 pr. 100,000. Yet that is the lowest murder rate over 51 years. https://mises.org/blog/fbi-us-homicide-rate-51-year-low
      Yet, Trump tries to tell the American people the opposite.

      Delete
  5. Just so I can ... CMA... The US does not I have the highest (by gun) homicide rate in the world. (That is if you don't take in the social economic factor)

    http://www.npr.org/sections/goatsandsoda/2015/12/07/458815891/the-u-s-is-a-world-leader-in-gun-deaths

    Last one

    ReplyDelete

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