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Second Amendment Explained

Discussion in 'General Gun Discussions' started by LiveLife, Feb 27, 2017.

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  1. LiveLife

    LiveLife Member

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    A UCLA law professor explains the Second Amendment:

    "Does the Second Amendment secure an individual to bear arms? It did when it was written, it has throughout history, and it does today."



    And President Trump is working on an Executive Order to designate militia rifles and accessories (30 round magazines/flash suppressors/etc.) in any quantity for citizen ownership for self-defense, community defense, defense of States and defense of the Nation with expansion of "Militia" term in Title 10, Section 311 of the United States Code to include "Unorganized Militia" which would apply to every able bodied US citizen - http://www.thetruthaboutguns.com/20...ve-order-designating-rifles-militia-purposes/

    By defining certain categories of rifles for militia use, the President could significantly affect state "assault weapon and magazine bans" and cases making their way through the courts until more permanent legislations are signed and/or SCOTUS reverse the 4th Circuit Court ruling on "assault weapon"

     
    Last edited: Feb 28, 2017
  2. larryh1108

    larryh1108 Member

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    Someone in CA who not only gets it but is in a position to educate fellow Californians?
    Has hell froze over?

    Nonetheless, it is a great thing to read and understand no matter where you live.
     
  3. Dog Soldier

    Dog Soldier member

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    That was presented by a Legal scholar who has communication skills. Very nice post thanks. :)
     
  4. Corpral_Agarn

    Corpral_Agarn Member

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    Now if we can just get that out to our overlords -er- *cough* law makers.
     
  5. Cannibul

    Cannibul Member

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    [​IMG]

    This makes it pretty easy to understand.
     
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  6. LiveLife

    LiveLife Member

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    :D:D:D Absolutely!

    The professor makes a great emphasis on the "right of the people" instead of "A well-regulated militia."

    We the people have the right to keep and bear bacon, ummm I mean arms. :p
     
    Last edited: Feb 27, 2017
  7. Fine Figure of a Man

    Fine Figure of a Man Member

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    Is this an attack on Mrs. Obama?
     
  8. LiveLife

    LiveLife Member

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    No, a clever way to clarify and focus on the intent of the Second Amendment.

    The intent was not to arm a well-regulated militia but to maintain the right of the people to bear arms and that right shall not be infringed.

    Who has the right to eat food? Not a well balanced breakfast but "The People" and that right shall not be infringed.
     
  9. Ks5shooter

    Ks5shooter Member

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    NOICE!!!!!
     
  10. tark

    tark Member

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    Saw a letter in the local paper, by a teen age girl, explaining in great detail how the government should regulate guns, because the word "REGULATED" was right there in the amendment for all to see.!!!

    I wrote a reply , explaining what the word "Regulated" meant, in the context of the times, and still means today.

    It was never printed.

    Big surprise, huh.?
     
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  11. Arizona_Mike

    Arizona_Mike Member

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  12. papaairbear

    papaairbear Member

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    Thanks! I sent this to everyone on my email list.
     
  13. fpgt72

    fpgt72 Member

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    This is what I have said for years.....the 2nd can be changed....there are ways to modify and or remove check out the 18th and the 21st. They got added and then added again to "remove" in a very...as in VERY short time.

    My issue with the left is that they are not going to do this by the law of the land....don't like me having a 1911 next to my bed....change the document....get the states to ratify it and the 2nd is gone.

    They can't do this so they are going to change laws from the bench.....this is not how our system works.
     
  14. Legionnaire
    • Contributing Member

    Legionnaire Member

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  15. salt&battery

    salt&battery Member

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    To me and hearing the founding fathers say it was that the 2nd amendment most important function was to keep the govt from getting to powerful and restrictive of freedom
     
  16. LiveLife

    LiveLife Member

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    And President Trump is working on an Executive Order to designate militia rifles and accessories (30 round magazines/flash suppressors/etc.) along with ammunition in any quantity for citizen ownership for self-defense, community defense, defense of States and defense of the Nation with expansion of "Militia" term in Title 10, Section 311 of the United States Code to include "Unorganized Militia" which would apply to every able bodied US citizen - http://www.gunssavelife.com/proposed-executive-order-designating-certain-rifles-militia-purposes/

    By defining certain categories of rifles for militia use, the President could significantly affect state "assault weapon and magazine bans" and cases making their way through the courts until more permanent legislations are signed and/or SCOTUS reverse the 4th Circuit Court ruling on "assault weapon"


    PROPOSED EXECUTIVE ORDER DESIGNATES MILITIA RIFLES FOR CITIZEN OWNERSHIP


    EXECUTIVE ORDER
    – – – – – – –

    DESIGNATION OF MILITIA RIFLES

    By the authority vested in me as President and Commander in Chief of the Militia by the Constitution and the laws of the United States of America, and in order to ensure the ability of citizens of the United States to defend themselves, their communities and their States, as well as to ensure the safety and security of our Nation, I hereby order as follows:

    Section 1. Purpose. Both individual and community safety are critically important to the national security of the United States. Terrorism, transnational criminal activity and potential acts of war by foreign nations present a significant threat to national security and our citizens, who have the right and the duty to defend themselves, their communities, their States and the Nation.

    Section 2. Policy. It is the policy of the executive branch to:

    (a) Support and defend the Constitution, including the Second Amendment right of citizens to keep and bear arms for Militia purposes,as well asself-defense.

    (b) Encourage citizens to be prepared to act as members of the Militia to defend communities, States and the Nation, as part of the common defense contemplated by the Constitution of the United States.

    (c) Discourage restrictions by States and political subdivisionson individual possession of firearms suitable for Militia purposes by citizens of the United States.

    Section 3. Definitions.

    (a) “Militia” has the meaning given the term in Title 10, Section 311 of the United States Code to include the Unorganized Militia, as well as the meaning given to the term “Militia” under equivalent State statutes.

    (b) “Self-Defense” shall mean the actions of citizens to defend themselves and their families from physical attack.

    (c) “Communities” shall mean neighborhoods, towns, cities, counties and other political subdivisions of citizens who live in distinct geographic areas within a State.

    (d) “State” shall mean one of the fifty States of the United States.

    (e) “Militia Purposes” shall mean training, practice and preparedness which could improve the ability of a citizen to act,and to be armed in case of a need to act, as a current or future member of a local, State or National organization commanded by government officials and responsive to a physical threat. Appropriate organizations include those commanded by an elected county or city Sheriff; those commanded by the Governor of a State through officers of that State’s Defense Force as authorized by Title 30, Section 109 of the United States Code, or through officers of that State’s National Guard;and organizations commanded by the President through officers of the Active or Reserve components of U.S. Armed Forces.

    (f) “Militia Rifles” shall mean the firearms designated in Section 4 that are made in America and suitable for use in self-defense, community defense, defense of States and defense of the Nation.

    Section 4. Designation of Militia Rifles. That the following firearms and accessories are authorized and appropriate for individual citizens to keep and bear for Militia purposes under the Constitution and the laws of the United States:

    (a) The AR-15 and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, magazines of up to thirty round capacities, M-7 bayonets, and ammunition in 5.56 NATO or .223 Remington, in all quantities.

    (b) The M1A and similar semi-automatic rifles, to include flash suppressors and bayonet lugs,magazines of up to twenty round capacities, M-6 bayonets, and ammunition in 7.62 NATO or .308 Winchester, in all quantities.

    (c) The M1 Garand and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, M-5 bayonets, and ammunition in.30-’06 Springfield, in all quantities.

    (d) Bolt action rifles in the calibers of .30-’06 Springfield; 7.62 NATO or .308 Winchester; 5.56 NATO or .223 Remington; or any substantially equivalent caliber, and ammunition appropriate for the rifles, in any quantity.

    (This list could be expanded or replaced by a broad definition)

    Section 5. Pre-emption. This Executive Order is intended to pre-empt the laws of States or political subdivisions that infringe upon the rights of citizens to keep and bear the arms designated in Section 4.

    Section 6. Judicial Notice. That the judges of all State and Federal Courts are hereby given notice that possession of the designated Militia Rifles and accessories by citizens should not be restricted or infringed upon by State laws or the laws of a political subdivision of a State and any such law should be reviewed under the strict scrutiny standard to determine whether it is a violation of the Constitution of the United States after judicial consideration of this Order and the fact that it was issued by the Commander in Chief of the Militia.

    Donald J. Trump

    THE WHITE HOUSE

    March __, 2017
     
    Last edited: Feb 28, 2017
  17. salt&battery

    salt&battery Member

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    I hope this is true and not more lies. they are saying trump might back off on deportations and legalize those here working so I will believe when I see it
     
  18. LiveLife

    LiveLife Member

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    I particularly like the pre-emption of local and state laws like CA and NY. :D
     
  19. Dog Soldier

    Dog Soldier member

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    Being able to translate and explain the 2nd Amendment to the citizens is a start.:) But where will this end? Many refuse to accept President Trump? Many who voted for him are ignored. The Democrats want to impeach President Trump. These rumors of the liberals arming? Is this whole thing nearing a dangerous tipping point?:eek:
     
  20. jdc1244

    jdc1244 Member

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    To paraphrase the old adage: one is entitled to his own opinion as to the meaning of the Second Amendment; one is not, however, entitled to his own facts of law.

    The courts alone have the authority to ‘explain’ the Second Amendment – ultimately the Supreme Court, both with regard to its meaning and the intent of the Framing Generation, not law professors or message board posters.

    Consequently, firearm regulatory measures in states such as California, New York, and Maryland are perfectly Constitutional and consistent with the original intent and understanding of those who lived during the Foundation Era – until the Supreme Court rules otherwise.
     
  21. LiveLife

    LiveLife Member

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    Absolutely! The executive order would be a stop gap measure until more permanent legislation is signed and/or ruling by the US Supreme Court.
    Section 5 of the Executive Order would pre-empt local and state laws.
    Dog Soldier, time will tell but as for me, I am sure glad Trump is president instead of Hillary as we would be anguishing over very different executive orders about now.

    I believe 2017 is the year us "deplorables" unite with other patriots to stand up against tyranny of the antis to push back for the US Constitution and the Second Amendment!
     
    Last edited: Feb 28, 2017
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  22. JO JO

    JO JO Member

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    I sure hope so
     
  23. salt&battery

    salt&battery Member

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    the courts are out of control and make law instead of judging it. there is no way the founding fathers would have wanted the courts to operate in this fashion. in 1785 a lifetime appointment ended with the judge dying in his 50's maybe early 60's. now they live 25 years longer and it is nearing a black robed dictatorship where one person decides for 320 million people like in the case of obamacare
     
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  24. LiveLife

    LiveLife Member

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    +1. And justices living longer goes both ways if conservative justices are appointed. ;)

    And don't forget, the US Constitution can always be amended for the SCOTUS justices to more "clearly" interpret. :D
     
  25. TrickyDick

    TrickyDick Member

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    A common argument I come upon frequently is the term "militia" in the second amendment. This always leads to "we no longer need a militia, blah blah blah... Etc."

    Well, as I've said many times, the second amendment is not about arming the militia. It's obvious the militia needs guns, but it's redundant to put it in the bill of rights.

    The second amendment is about countering the militia, not arming it.

    The amendment basically says "yeah, we need an army for security, but if we're gonna have an army, the people need the right to be armed as well."

    Remember, it's "the right of the people to keep and bear arms shall not be infringed."
    Not the militia.
     
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