That ANY restriction on ANYONE not currently imprisoned is not only unconstitutional but a criminal offense-any such attempt t impose or enforce said restriction is treason-those who attempt aid enforcement/imposition SHALL be imprisoned for a term in federal prison not to exceed one year and one day on each count.
If you could rewrite the 2nd Amendment, how would you word it?
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Whereas an armed population is the most basic essential for the preservation of life, liberty, and the prevention of oppression and tyranny, and whereas the possession and use of arms is the most ancient birthright and proudest mark of the free man down through human history, all citizens and residents shall enjoy the right to keep and to bear firearms and other personal arms for defense of their liberty, lives, property and for private groups(private militia).
1) The right to keep and bear arms shall not be qualified or restricted by any requirement of licensing, registration, fee, taxation, restriction on transportation, or other such impediment.
2) The purchase, acquisition, ownership, possession, transportation, or manufacture of ammunition, powder, cartridge casings, and other ancillary equipment or supplies necessary to the exercise of the right to keep and bear arms shall not be restricted or otherwise interfered with by any governmental authority.
1) The right to keep and bear arms shall not be qualified or restricted by any requirement of licensing, registration, fee, taxation, restriction on transportation, or other such impediment.
2) The purchase, acquisition, ownership, possession, transportation, or manufacture of ammunition, powder, cartridge casings, and other ancillary equipment or supplies necessary to the exercise of the right to keep and bear arms shall not be restricted or otherwise interfered with by any governmental authority.
Bernie Lomax
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I would split it into two amendments reading thusly:
1). The right of the individual citizen to keep and bear arms for the defense of himself and his community or for any other lawful purpose shall not be infringed.
2). The right of the states to maintain militias independent of federal control shall not be infringed.
That ought to make it pretty crystal clear what is meant.
Carl N. Brown
Member
Also commonly rendered as:
The text of the Constitution refers to capital-"S" States and capitalized United States as having Powers and Authorities. Never in the Constitution does a State or the United States have a Right. In the Constitution, people have rights and privileges; governments have powers and authorities.
The text of the 2A refers to "a free state" in the general sense, not in reference to the State governments that form the United States. If 2A were intended to restrict arms to the militias of the States, it would have read "the power and authority of the State militia to keep and bear arms shall not be infringed".
The best defense of a free state is a volunteer military sworn to support and defend the Constitution and the principle that nations exist to support the rights of their people to life, liberty and the pursuit of happiness; that professional or mercenary militaries that are loyal to a person, party or faction are destructive of freedom. An unfree state deserves no security, and the people have the right to alter or overthrow an unfree state, by force if necessary.
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My take on 2A RKBA is colored by the Tennessee constitution RKBA, Attorney General opinions, Supreme Court rulings, and acts of the Legislature, which have included repeal of useless laws.
To quote:
Tennessee State Constitution (1870) Section 26
"That the citizens of this State have a right to keep and to bear
arms for their common defense; but the Legislature shall have
power, by law, to regulate the wearing of arms with a view to
prevent crime."
My summary and paraphrase of various State opinions and rulings:
The primary interest of the state in preserving the right of citizens
to keep and bear arms lies in the efficiency of the people as
soldiers (citizens eligible to become militia). The right protected
by the provision applies only to arms that make up the usual arms
of the citizen of the country, and the use of which will properly
train and render the citizen efficient in defense of the citizen's
own liberties, as well as in defense of the state.
The regulation clause was not intended that the keeping or using
of such arms should be prohibited, but that the use thereof by
wearing, or carrying about the person, in public might be so
regulated by law as to prevent crime.
Carrying loaded guns and other weapons in public with intent to
go armed for offense is not legal; carry for defense is legal
only with a handgun carry permit issued by the state. The purpose
of banning "going armed" was to prevent crime; allowing licensed
carry is also viewed as regulating the wearing of arms with a
view to prevent crime.
The carrying arms ban lists a number of defenses. The application
of barring going armed is rather narrow and the law envisions
many situations when the carrying of a weapon does not violate
the statute. The goal is to prevent offensive crime, not to
ban guns, and this is consistent with Section 26 and the statutes.
The attorney general's opinion, State Supreme Court rulings, and
other court rulings have held that the prohibition on "going armed"
does not apply when the person is:
- carrying an unloaded, unconcealed gun
- transporting an unloaded, cased gun in a car trunk
- at home or at one's place of business for self-defense
- carrying in public with state permit for self-defense
- engaged in hunting or trapping
- defending livestock from predatory animals
- or engaged in other lawful activity involving guns.
In fact, Section 26 does not cover guns that might not have a
bearing solely on defense of the citizen or defense of the state, since
courts in Tennessee have recognized the lawfulness of hunting
and other sporting uses of firearms, as well antique collecting,
unconnected to use in self-defense or militia service.
For example, buying a handgun at an estate auction and taking it
home unloaded is a common lawful activity and does not result
in arrest even when LEO are present at the auction.
"A well armed citizenry being necessary to ensure both the security of a free State and the individual's right to exercise self-defense, the people of the United States of America retain the absolute and individual right to privately own and bear arms in order that they may personally ensure their security, procure sustenance, engage in lawful activities or purposes, defend a free and democratic republic from invasion or lawlessness, and mount armed opposition to any usurping tyranny attempting to nullify or suppress the Constitution of the United States and these Bill of Rights. This inalienable individual right to arms is sovereign to all legislation, law, regulation, or intent of any Federal, State, Local, or Other governments. For purposes of this Amendment, 'arms' are defined as individually portable, discriminatory, and handheld lethal or non-lethal weapons, of civilian or military design, providing offensive or defensive purpose and result through the employment of blunt impact, cutting edges or points, non-explosive projectiles, chemicals, directed energy, or other means."
OR:
"All American citizens may, at their personal discretion, privately own and bear arms suitable for sport, hunting, defense, or war. No government shall infringe upon this right nor regulate nor diminish the intent of this Amendment. For purposes of this Amendment, 'arms' are defined as individually portable, discriminatory, and handheld lethal or non-lethal weapons, of civilian or military design, providing offensive or defensive purpose and result through the employment of blunt impact, cutting edges or points, non-explosive projectiles, chemicals, directed energy, or other means."
Byron Quick's Corollary: "Any elected official trying to screw with the meaning of this amendment in any way may be killed immediately by the nearest armed citizen."
Just My $ .02
OR:
"All American citizens may, at their personal discretion, privately own and bear arms suitable for sport, hunting, defense, or war. No government shall infringe upon this right nor regulate nor diminish the intent of this Amendment. For purposes of this Amendment, 'arms' are defined as individually portable, discriminatory, and handheld lethal or non-lethal weapons, of civilian or military design, providing offensive or defensive purpose and result through the employment of blunt impact, cutting edges or points, non-explosive projectiles, chemicals, directed energy, or other means."
Byron Quick's Corollary: "Any elected official trying to screw with the meaning of this amendment in any way may be killed immediately by the nearest armed citizen."
Just My $ .02
I'll make my re-write by just amending a piece of what's already there.
"... shall not be infringed. Anyone guilty of infringement can be shot, and all properties of the newly deceased are the property of the shooter."
so basically, if you break the rules, you get shot and whoever shot you get's all your stuff. It's like a wanted poster with no dollar amount in reward listed.
"... shall not be infringed. Anyone guilty of infringement can be shot, and all properties of the newly deceased are the property of the shooter."
so basically, if you break the rules, you get shot and whoever shot you get's all your stuff. It's like a wanted poster with no dollar amount in reward listed.
I would change it as follows:
"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, restricted, regulated in any way by the federal, state or local governments within the jurisdiction of the united states of america, specifically, fully-automatic firearms, suppressors or sound mufflers/regulators/silencers, and destructive devices are specifically permitted.
Any person at temping to restrict or infringe the rights listed about shall be hung, drawn, and quartered and then his remains shall be distributed free of charge."
"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, restricted, regulated in any way by the federal, state or local governments within the jurisdiction of the united states of america, specifically, fully-automatic firearms, suppressors or sound mufflers/regulators/silencers, and destructive devices are specifically permitted.
Any person at temping to restrict or infringe the rights listed about shall be hung, drawn, and quartered and then his remains shall be distributed free of charge."
longhair75
Member
I think the differing interpretation of this Amendment can be resolved by removing the first comma.
"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."
Grammatically, the first comma has incorrectly been used to infer that the right of the people is tied to a well regulated militia as a collective right rather than an individual right.
Remove that comma and it becomes indisputably an individual right.
"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."
Grammatically, the first comma has incorrectly been used to infer that the right of the people is tied to a well regulated militia as a collective right rather than an individual right.
Remove that comma and it becomes indisputably an individual right.
Regardless of needs, real or imagined, the right of the individual citizen to keep and bear arms, (including but not limited to rifles, shotguns, knives, swords, pistols, squad automatic weapons, and crossbows,) SHALL NOT BE INFRINGED. A well regulated militia being necessary to the security of a free state, the firearms and tools issued to our military, and instruction in their use, will be open to the public. This is not in any way to be construed as to support the existence of a draft or mandatory military service.
Arms shall not be with-held from the public based on caliber, magazine capacity, range, or cosmetic features.
The right of the individual to keep and bear arms SHALL NOT BE INFRINGED!
Also, AR platform rifles shall be manufactured and sold at a price not exceeding what one would be paid working 40 hours of minimum wage.
Arms shall not be with-held from the public based on caliber, magazine capacity, range, or cosmetic features.
The right of the individual to keep and bear arms SHALL NOT BE INFRINGED!
Also, AR platform rifles shall be manufactured and sold at a price not exceeding what one would be paid working 40 hours of minimum wage.
Cap'n Jack Burntbeard
Member
Ok here's my idea
Whereas an armed populace is necessary for the security of a free state from all enemies, foreign and domestic.
1 The right of an individual to defend oneself with lethal force against aggression, shall not be questioned in any way whatsoever.
2 Arms and their accessories capable of being carried, kept, and used by an individual, shall not be prohibited, regulated, taxed, or restricted in any way whatsoever.
3 Crew served, area of effect, and weapons of indiscriminate nature shall not be prohibited, but shall be recorded as to their owners and location should they be needed in event of war.
The aforementioned rights are inherent to humanity and shall not be seized without due process of law.
Whereas an armed populace is necessary for the security of a free state from all enemies, foreign and domestic.
1 The right of an individual to defend oneself with lethal force against aggression, shall not be questioned in any way whatsoever.
2 Arms and their accessories capable of being carried, kept, and used by an individual, shall not be prohibited, regulated, taxed, or restricted in any way whatsoever.
3 Crew served, area of effect, and weapons of indiscriminate nature shall not be prohibited, but shall be recorded as to their owners and location should they be needed in event of war.
The aforementioned rights are inherent to humanity and shall not be seized without due process of law.
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THE DARK KNIGHT
Member
The right of the people to keep and bear modern arms in common use shall not be infringed.
To the OP: Your amendment need not include "due process" because the 5th and 14th already cover that. Also your version is far too wordy, and I really don't like the "mother may I" aspect of it you set up. Living in NJ I can tell you all about just how fun it is to need a "Firearms ID Card"
To the OP: Your amendment need not include "due process" because the 5th and 14th already cover that. Also your version is far too wordy, and I really don't like the "mother may I" aspect of it you set up. Living in NJ I can tell you all about just how fun it is to need a "Firearms ID Card"
Old krow
Member
I didn't really think about crew served weapons when I suggested "personal issue" but I suppose that would work too. So long as the crew served weapons in question were not of a classified nature. As far as I know, most aren't, but I do not agree that allowing classified weapons being open for public purchase.
hugh damright
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- 825
I don't know what you base this upon, but from what I can gather, based upon other uses of the term "free State" and dictionary definitions, the term "free State" refers to a State e.g. Virginia with a free government.
For example, here are a couple of declarations from 1776 showing that the term "free State" and "free government" appear to be interchangable:
"That a well regulated militia ... is the proper, natural, and safe defense of a free state" - Virginia 1776 Declaration of Rights
"That a well-regulated militia is the proper and natural defence of a free government." -Maryland 1776 Declaration of Rights
And here are some entries from Webster's handy 1828 dictionary:
FREE - In government, not enslaved; not in a state of vassalage or dependence; subject only to fixed laws, made by consent, and to a regular administration of such laws; not subject to the arbitrary will of a sovereign or lord; as a free state, nation or people.
COMMONWEALTH - A commonwealth is properly a free state; a popular or representative government; a republic; as the commonwealth of Massachusetts.
MONARCHY - A free government has a great advantage over a simple monarchy.
It looks to me as though the term "free State" has a specific meaning, that it does not mean "a free state in the general sense", but rather it means free government at the State level i.e. popular/representative/republican State governments.
Cap'n Jack Burntbeard
Member
@ old krow
What do you mean by classified?
Do you mean classified as in national security secret?
What do you mean by classified?
Do you mean classified as in national security secret?
Old krow
Member
Yes, basically Con, Class, TS, or higher.
The intent was simply to keep weapons or weapons systems that were classified off the market, but, available to the states.
Cap'n Jack Burntbeard
Member
Its quite simple. Those weapons remain the property of the federal government, leased to the several state's organized militias until they are released to the public domain after a set period of years.
sonier
Member
"Every law abiding US citizen is required by law to own as much small-arms of there choice, for use of "Recreational" or "Life Preservation"
o Unforgiven o
Member
"It is the right of the people nationwide, being necessary to the security of country,life and home to keep and bear Arms. This right of the people is the foundation of essential liberty and shall not be infringed."
chaplain tom
Member
I would not change the actual wording of the amendment. I would however, add a subjection that included the personal writings and public statements of those who wrote it. I would do this to clerify THEIR intent as to its meaning.
There is plenty of information available in their personal libraries and in the library of congress regarding what they actually said during the debates over the wording of the amendment. Their intentions should be clear to anyone who has ever read any of their letters to each other and in their personal journals, which almost all of them kept back then. Not to mention the record of what was said in congress during the debates over the Bill of Rights and what should be included in it.
There is plenty of information available in their personal libraries and in the library of congress regarding what they actually said during the debates over the wording of the amendment. Their intentions should be clear to anyone who has ever read any of their letters to each other and in their personal journals, which almost all of them kept back then. Not to mention the record of what was said in congress during the debates over the Bill of Rights and what should be included in it.
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