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  #1  
Old 03-28-2018, 02:32 AM
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bhunter bhunter is offline
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Quote:
Originally Posted by Pio1980 View Post
"The right to keep and bear arms",
But the right to then do what with them?
The second amendment is clear only as relates to a "well regulated militia". Nothing else, including self/ household defense, Antonin Scalia notwithstanding.
Is there a lawful right to self defense, outside of Scalia's stretch of the second?
Seems reasonable to me there should /would be somewhere somehow, but I'm not a lawyer.
And what was a "militia" at the time of writing? It certainly was not the National Guard or our standing armies. The 2nd is there to protect the freedom of all against a government that would seek to take that freedom away.
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Old 03-28-2018, 05:43 AM
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Originally Posted by bhunter View Post
And what was a "militia" at the time of writing? It certainly was not the National Guard or our standing armies. The 2nd is there to protect the freedom of all against a government that would seek to take that freedom away.
That's not written into the amendment as to it's specific purpose regardless of assumed intent. Nobody is going to succeed in claiming a constitutionally granted protected right to armed insurrection against Federal authority
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Last edited by Pio1980; 03-28-2018 at 05:46 AM.
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Old 03-28-2018, 05:37 PM
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Quote:
Originally Posted by bhunter View Post
And what was a "militia" at the time of writing? It certainly was not the National Guard or our standing armies. The 2nd is there to protect the freedom of all against a government that would seek to take that freedom away.
It won't work for that, and the record is that right-wing authoritarians are the most-likely freedom takers.
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