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Thread: Re: Right To Bear Arms




Re: Right To Bear Arms
country flaguser name
United States
2008-03-18 16:12:01
word

C. Hatton Humphrey wrote:
> My read on the second amendment, which 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." is this -
> the text includes both the words State and People.  It
does not say
> that the State has the right to arm People, it says
that People have
> the right to bear arms.
> 
> Additionally, the fourth amendment reads, "The
right of the people to
> be secure in their persons, houses, papers, and
effects, against
> unreasonable searches and seizures, shall not be
violated, and no
> Warrants shall issue, but upon probable cause,
supported by Oath or
> affirmation, and particularly describing the place to
be searched, and
> the persons or things to be seized." which to me
says that unless
> there is probable cause, the state has no right to
search or seize my
> property.  A weapon is my own property.
> 
> Finally, the fourteenth amendment states, "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."
which means that,
> along with the fourth amendment, I have the right to
hold (bear) my
> property unless given due process.
> 
> As written today, that means that I have the right to
own a weapon as
> my personal property.  Only if I break a standing law
of the state or
> the State is there probable cause for it's removal from
my posession,
> and only then after due process has been served.
> 
> Hatton
> 
> On Tue, Mar 18, 2008 at 11:13 AM, Gruss Gott
<grussgottgmail.com> wrote:
>> So this big case is coming before the SCOTUS today.
 For me, I would
>>  say that, as the constitution is written, the
federal gov't DOES NOT
>>  protect *an individuals* right to bear arms. 
Technically it would
>>  seem that's a matter left up to the states. 
Whether that's the right
>>  choice or not I'm not claiming, but technically I
don't think the
>>  constitution protects the right for individuals to
bear arms.
>>
>>  -- --
>>  WASHINGTON - The District of Columbia is asking
the Supreme Court to
>>  preserve the capital's ban on handguns in a major
case over the
>>  meaning of the Second Amendment's "right to
keep and bear arms."
>>
>>  A Washington resident who wants to keep handguns
at home for
>>  protection is challenging the 32-year-old ban as a
violation of his
>>  constitutional rights. A federal appeals court in
Washington agreed
>>  that the city cannot ban handguns.
>>
>>  --
>>  "A little rudeness and disrespect can elevate
a meaningless
>>  interaction to a battle of wills and add drama to
an otherwise dull
>>  day."
>>
>>  
> 
> 

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