January 15, 2007

Individual Gun Rights And The Second Amendment

Not only are the two consistent, the right to keep and bear arms is vested in the individual rather than in the government. Early American practice bears this out.

Precisely because an armed populace can serve as an effective backup for law enforcement, the ownership of firearms was widely mandated during Colonial times, and the second Congress passed a statute in 1792 requiring adult male citizens to own guns.

The twin purposes of self and community defense may very well lie behind the Second AmendmentÂ’s language encompassing both the importance of a well-regulated militia and the right of citizens to keep and bear arms. As the constitutional and criminal law scholar Don Kates has noted in the journal Constitutional Commentary, thinkers at the time when the Constitution was written drew no real distinction between resisting burglars, foreign invaders or domestic tyrants: All were wrongdoers that good citizens had the right, and the duty, to oppose with force.

Now i personally don't have a problem with those who choose not to own guns -- but do not dare to impose your petty fears on my right to defend myself, my family, and my community. Your decision not to exercise your right to secure your safety and fear of those who do does not give you license to abrogate the Second Amendment, any more than your decision not to engage in speech or journalism or religious exercise constitutes a legitimate basis for ignoring the First.

Good job, Glenn!

Posted by: Greg at 11:00 PM | Comments (3) | Add Comment
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1 I see your point, though guns are a bit like second-hand smoke.  They might wind up killing me if you are stupid or inconsiderate.  Since it's a "well-regulated" militia that is called for, then how about if we agree that anyone who allows his or her guns to be stolen and enter the world of crime be sentenced to 5 years in prison?

Posted by: Dan at Tue Jan 16 00:22:58 2007 (IU21y)

2 Sure, Dan, and then we can also charge any woman who is raped with prostitution for allowing her vagina to enter the world of crime.  Being a crime victim does not, of course, make one a criminal, except in the confused little world of liberals.

And as for your argument about guns possibly killing you if someone is stupid or inconsiderate, the same could be said about automobiles, kitchen knives, or roller skates.  Your argument therefore fails due to its inanity.

Posted by: Jacob at Tue Jan 16 02:37:12 2007 (4nXaP)

3 Yeah, Dan, and if we apply the same logic to the First Amendment we can jail Tom Clancy for inspiring 9/11 with his plotline about crashing a 747 into the Capitol.

Posted by: Rhymes With Right at Tue Jan 16 13:33:03 2007 (FNslZ)

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