I came
across an interesting quotation the other day. The first part of it
stated, “A well-regulated militia, being necessary to the security of a free
state.” It seems to be referencing some historical times when the infancy
of some type of government was being established. Actually it
refers to the birth of our nation, during Revolutionary War times and its exact
meaning was clearly defined for 70 years prior to 2008. During that time
the Supreme Court and federal courts held that the statement only applied in
the context of militias, the rights of states to protect themselves from
federal or international interference by the formation of such entities.
However,
most scholars agreed that as our nation continued to evolve this statement had
outlived its usefulness and was no longer relevant. For most, the notion
of formulating militias to protect states from federal government interference
had no relevance in the 19th, 20th, or 21st
centuries.
By now I’m
sure those astute readers have guessed that I have quoted the first part of the
Second Amendment of our nation’s Constitution which is the sacred cow of all
gun advocacy groups. Unfortunately this part of the Second Amendment is
curiously seldom quoted in the defense of an individual’s Constitutional right
to own a firearm. Instead only the last part “the right of the
people to keep and bear arms, shall not be infringed upon” is the supportive
evidence professed as justification for the right to gun ownership.
So basically
what we have is a Constitutional amendment written almost 250 years ago, which
most scholars agree is now totally irrelevant, but according to the NRA, and other
gun advocacy groups is relevant based upon only its second part which advocates
the right of gun ownership even though that second part is intrinsically
connected to the previous irrelevant part. In fact, the entire amendment reads, "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 upon." You cannot selectively take
parts of the Second Amendment out of context. It must be applicable in
total.
I have no
problems with some gun ownership but let’s stop tying it to the Constitution as
God given justification for that right. It was, in fact, the 2008 Supreme
Court’s 5 to 4 decision, in the case of the District of Columbia vs Heller,
which attempted to interpret the original intent of the Second Amendment and
apply it to an individual’s right of gun ownership.
In that 2008
decision, the conservative justice Antonin Scalia wrote the opinion in which
for the first time in this country’s history, the Second Amendment was
systematically altered by separating the possession of a firearm from the
requirement of being a member of a militia and the Supreme Court explicitly
affirming an individual’s right to keep a weapon at home for self-defense.
Gun
advocates need to stop hiding behind the Second Amendment as justification for
gun ownership for in reality the justification comes from the Supreme Court’s 5
to 4 OPINION, not an amendment that is clearly archaic.
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