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Posted: 6/30/2003 8:38:58 PM EDT
So I was at a friend's birthday party last night and was enjoying conversing with a friend of mine.. Eventually firearms became the topic of discussion and then my friend, who said that he thinks people need and should have firearms, says "I think the Conservatives have grossly misinterpreted the Second Amendment." I stood in shock for a moment, as a minute before he said that firearms were good, indeed we started scheduling a shooting session with my new Bushie. He went on to state that the Second Amendment "granted no rights whatsoever to individuals," it "doesn't even allow firearms," and that it only gives rights to the state for it's militia.

Whaaaaaaat?!

I slam him back with "have you read the preamble to the Bill of Rights" (to which he said "you mean the preamble to the Constitution?") described it for him, went on to describe how the Second Amendment is created with two clauses: Declaratory and Restrictive, and explained how those work and what they mean, and then asked the stumper question "If the militia is made of volunteers, and they are usually expected to bring their own weapons, how would you expect the militia to be armed if the individuals aren't allowed firearms?"

Needless to say he didnt have any good answer to that question, brushed off the clauses, and didnt know squat about the preamble...

::sigh::

I'm going to keep chipping away at this poor soul, like, when we go shooting next week.

Does anyone have any well thought out response for such people? Post them if you do. Thanks

-Lee
Link Posted: 7/1/2003 9:20:37 AM EDT
So the Second Amendment was written decades in advance to give the states the right to form militias - funny.
Link Posted: 7/1/2003 9:38:43 AM EDT
Exactly. The militia as defined in the U.S. code is much younger than the B.O.R. .

And, no, the 2nd does not confer the right, it PROTECTS the right which pre-exists any law, and is god given, intrinsic, and inalienable.

"The right of the people to keep and bear arms shall not be infringed." This IS the primary clause and carries the bulk of the meaning.

The militia clause is subordinate. Ask any English teacher who's worth a damn.

Have your friend start reading The Federalist Papers, available online at www.congress.gov



CJ
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