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The 2nd Amendment and You

by Steve Mona on Tue, Jan 15 2013 10:40 AM



This is a story about the 2nd Amendment. If you're not a gun owner or perhaps don't even like guns please read it anyway because it has more to do with you than you realize. Before we go on know this. Our Founding Fathers were mortal men and therefore flawed so please, if you're planning on arguing my opinion with me, spare me the comments on all the things they may or may not have done back then that aren't acceptable today. And so here goes...

The framers of our Constitution wrote what is arguably as close to the most perfect governing document in history and then created a government around it that has no equal. It has stood the test of time for over 237 years through a civil war, a great depression, two world wars and countless other disasters both natural and man made. It is the basis of all that we have in this country and the men that wrote it and created our country with it, though flawed mortals, were as close to genius as any to ever walk the planet.

 2nd 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"

Simple, to the point and easy to interpret? I think so. But there are those that believe it to be ambiguous; others focus on the word "militia" and applying today's definition point out that the founders didn't mean individual gun ownership. But here is exactly where the anti-2nd Amendment crowd makes their biggest mistake, or perhaps biggest deception. Our government is a series of checks and balances. Among the duties of each, these are the most important; the Legislative passes bills; the Executive signs them into law; the Judicial exercises review over their constitutionality. In some, perhaps a majority, of cases the Judicial has to interpret what the founders intended without much guidance from their writings. This is not the case with the 2nd Amendment. What the anti-2nd Amendment crowd doesn't want you, the non-gun owner, to know is that there are literally hundreds of writings that spell out exactly what that simple sentence means.

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." - George Washington

They will use smoke and mirrors to define for you what THEY want the 2nd Amendment to mean and they will ignore every sentence written by the very men who created the document, and the government it supports.

"No free man shall ever be debarred the use of arms." - Thomas Jefferson

They will tell you that the founders of our great country were smart enough to create document  and a government that anticipated the excesses of the elected and therefore put into place that series of checks and balances to counter such excesses but were not smart enough to think that firearms would evolve.

 "A government resting on the minority is an aristocracy, not a Republic,  and could not be safe with a numerical and physical force against it, without a standing army, an enslaved press and a disarmed populace." - James Madison

They'll use the "muskets" argument, so eloquently stated by Piers Morgan and ignore the evidence that even as they were creating the Constitution and Bill of Rights firearms were already evolving. (Read about that here: http://danaloeschradio.com/refuting-the-progressive-argument-of-the-anachronistic-second-amendment/)

They will tell you that the framers only intended the "outdated theory" of a militia to be armed and they will ignore statements to the contrary.

 "I ask sir, what is the militia? It is the whole people except for a few politicians."
- George Mason

"A militia, when properly formed, are in fact the people themselves ... and include all men capable of bearing arms." - Richard Henry Lee

What is happening now, in the wake of the tragedies in Newtown, CT and Aurora, CO is a rush to judgment in which millions of responsible law abiding gun owners are being convicted without trial for a crime they didn't commit. The left is using the parents of the children killed to tug at the heartstrings of the majority of Americans who don't own a firearm, convincing you that somehow if only guns were illegal the criminal and the mentally unstable wouldn't be able to get their hands on one. Last night in my state, New York, Governor Cuomo and the spineless legislature passed a "comprehensive gun control" bill. I have not yet heard that any of the state's criminals or mentally unstable are rushing to divest themselves of their ILLEGAL weapons or 10 round magazines. This rush to pass legislation is more about Cuomo's eyes on the White House in 2016 than it has to do with anything else; don't kid yourselves.

Gun Control is about control. But not just control of guns but control of the people. You can sit there smug and comfortable in the thought that it "can't happen here" but I'm sure the persecuted across the world in history thought the very same thing. Our Founding Fathers had enough history behind them and foresight to do their best to insure future generations could defend themselves against all enemies even their own government should it turn on them. We are currently rushing to disarm ourselves in direct contradiction of their foresight.

It would make much more sense to tighten the laws we already have in place and to loosen the laws that make dealing with the mentally ill so difficult for law enforcement and the medical profession. According to a study in Mother Jones magazine, a liberal publication, in at least 38 of the 61 mass shootings in the last thirty years the shooters, "displayed signs of mental health problems prior to the killings."

"Will we address mental-health and educational-privacy laws, which instill fear of legal liability for reporting potentially violent mentally ill people to law enforcement? I doubt it." 
- Professor William Jacobson. Cornell Law School
(in comments widely reported by a number of publications)

Another idiotic form of gun control is the "gun free zone" which has become quite popular in the last few decades. All one need do is read this statement by Economist John Lott in an interview with John Fund, national affairs columnist for the National Review Online:

"With just one single exception, the attack on Congresswoman Gabrielle Giffords in Tucson in 2011, every public shooting since at least 1950 in the U.S. in which more than three people have been killed has taken place where citizens are not allowed to carry guns."

You can read Mr. Fund's complete article here: http://www.nationalreview.com/articles/335739/facts-about-mass-shootings-john-fund

Lastly, this debate isn't just about the 2nd Amendment but also Section 1 of the 14th Amendment:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."                                                                                                                                                                      

In the South after the Civil War laws were put in place by the former Confederate States to deny certain rights to Blacks who were former slaves. Chief amongst the rights they were denied was the right to bear arms. Those laws were struck down by the creation of the 14th Amendment. (Note: the same provision was cited in the landmark civil rights case Brown v. Board of Education in 1954 which struck down racial segregation) I hope that swift application of the 14th Amendment prevents stricter laws from keeping firearms from the law abiding. The two cities with the highest number of gun deaths in recent years, Chicago and Washington D.C. have the strictest gun control laws in the country.

Gun owner or not, supporter of the 2nd Amendment or not; now you know the facts. Do with them what you will...

 

 

 


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Steve (NK Slider) Mona

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