The right to bear arms is not granted by the Second Amendment. Nothing in the Constitution, including the Second Amendment, grants any right to individuals. The Constitution, with respect to individual rights and freedoms, merely affirms natural or inborn rights that exist without regard to the Constitution or any other document.
Assume that the Second Amendment means what the anti-gun folks say it means. Assume that “people” means “states” and really all the Second Amendment provides for is that states can arm their respective militias. Assume that “militia” means the “national guard.” Assume that “well regulated” means “strict government control.” Assume this and any other tortured reading they put forward. Even if this is all true … so what? All that would mean is that the Second Amendment does not address private ownership of arms by individuals.
The Ninth Amendment states: “The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
Simply put, the Ninth Amendment means that the people have rights that are not specifically stated in the Constitution.
There is no doubt that prior to the writing of the Constitution or the Second Amendment, that people, meaning individuals, had the right to own and carry, and did own and carry, arms. Also, there is no requirement that a right must have been specifically included in the Constitution or the Bill of Rights in order to be protected – just read the Ninth Amendment. As a result, even without the Second Amendment, the right to own and carry guns would exist.
Assume that the Second Amendment means what the anti-gun folks say it means. Assume that “people” means “states” and really all the Second Amendment provides for is that states can arm their respective militias. Assume that “militia” means the “national guard.” Assume that “well regulated” means “strict government control.” Assume this and any other tortured reading they put forward. Even if this is all true … so what? All that would mean is that the Second Amendment does not address private ownership of arms by individuals.
The Ninth Amendment states: “The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
Simply put, the Ninth Amendment means that the people have rights that are not specifically stated in the Constitution.
There is no doubt that prior to the writing of the Constitution or the Second Amendment, that people, meaning individuals, had the right to own and carry, and did own and carry, arms. Also, there is no requirement that a right must have been specifically included in the Constitution or the Bill of Rights in order to be protected – just read the Ninth Amendment. As a result, even without the Second Amendment, the right to own and carry guns would exist.