Does the 2nd amendment really give us the right to own firearms?

Question

The part that states we have the "right to keep and bear arms" makes it sound pretty obvious, but often times people ignore the purpose behind it - to form a "well regulated militia". Do the American people constitute a well regulated militia? What do you think?

Answer 1

Actually it says "the right of the People to keep and bear arms" and the meaning of the word "People" does not change from one amendment to the other. The other amendments (1,4,9, and 10) all refer to the "People" and in those amendments it means the citizens of the US.
And to this is what constitutes the militia in the US:
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
Sec. 311. Militia: composition and classes
-STATUTE-
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
..........

So yes the 2nd Amendment gives us the right to keep and bear arms.

Answer 2

1) The Consitution doesn't GIVE us rights, it GUARANTEES natural rights we already have - notice that the last 4 words of the 2nd Amendment are "shal not be infringed".

2) The 2nd Amendment does not say that our right is guaranteed in order to form a well-regulated militia. The preamble to the Amendment is there to provide an example of purpose, but it is not exclusive. The framers of the Constitution recognized everyone's natural right to self-preservation by any means necessary, including at the end of a rifle.

3) The American people DO form a militia. In fact, to this day, we still have a government sponsored civilian shooting program, the Civilian Marksmanship Program. It was established in 1903 to ensure that the US would always have competent shooters.

Answer 3

The 2nd Amendment is part of the Bill of rights which are rights of the people not the government .The first 10 amendments were rights the founding fathers felt were granted by god that no man could take away.


Every free man is part of the militia .

Answer 4

Without and doubt the 2nd Amendment refers to an individual right. States have powers, people have rights.

Not a single "states right" review of the 2nd Amendment has ever been pulished in a legal journal while numerous individual rights reviews have been. There are numerous supporting factors if you will simply learn American history.

More recnetly the applet court in Washing DC took a case where a half a dozen citizens claimed that DC was trampling on thier 2nd Amendment right because of the DC gun bans. The court agreed with them and repealed the 30 year old ban. The city appealed the decision and case went to the full appellet court which refused to review it, making the decision stand. Just Friday the mayor of DC announced that the city will appeal again and this will bring the case to the US Supreme Court.

Despite what sever people have said, the Supreme Court has not taken a 2nd Amendment case in about 70 years. The Supreme Court is expected to take the case on Sept 5th but I'm sure it will be well after the first of the year before they review it or refuse to review.

From Thomas Jefferson and other Founding Fathers

"A strong body makes the mind strong. As to the species of exercise, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball and others of that nature are too violent for the body and stamp no character on the mind. Let your gun therefore be the constant companion of your walks."
Thomas Jefferson's advice to his 15 year-old nephew

"One loves to possess arms, though they hope never to have occasion for them."
Thomas Jefferson to George Washington, 1796


"No free man shall ever be debarred the use of arms."
Thomas Jefferson, Proposed Virginia Constitution, 1776

"None but an armed nation can dispense with a standing army. To keep ours armed and disciplined is therefore at all times important."
Thomas Jefferson 1803

"God forbid we should ever be twenty years without such a rebellion.... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms.... The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
Thomas Jefferson, in letter to William S. Smith, 1787

"...It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control...The Militia is composed of free Citizens. There is therefore no danger of their making use of their power to the destruction of their own Rights, or suffering others to invade them."
Samuel Adams

"(The Constitution preserves) the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
James Madison, The Federalist Number 46

"The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person."
James Madison, Proposed Amendments to the Constitution June 8, 1789



"Suppose that we let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal: still it would not be going to far to say that the State governments with the people at their side would be able to repel the danger...half a million citizens with arms in their hands"
James Madison, The Federalist Papers



"A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country."
James Madison


Based on such documented quotes from these men, the only reasonable conclusion that the 2nd Amendment is an individual right. Only someone who can't tolerate the truth can possibly say otherwise.

Answer 5

The issue has been decided by the Supreme Court, more than once. Virtually all states have laws regulating guns, which means guns are legal. Yes, individual have the right to own guns. Ask anyone from the NRA.

Answer 6

The courts have ruled many times that the individual has a right to bear arms. Since the courts are charged with interpretting the constitution, their ruling verifies it as right according to the constitution.
But...the court has also ruled many times that the government has a right to regulate arms.

Answer 7

The US Constitution is the framework of our Government.

Reading the Preamble to the US Constitution we see the Founding Fathers set some priorities.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The Founding Fathers, did not want a repeat of the governments they had fled from, so they placed some restrictions on the new government.

The Bill of Rights is not a list of our rights but a set of restrictions placed on the elected government to protect and preserve our rights.

The Second Amendment:

"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."

Interpretation:
By stating a well regulated militia is needed for the security of a free State (Nation), so the people should be allowed to own guns, and this right cannot be taken or harmed in any way by the government.

The Founding Fathers, are providing for the people to be the first responders, to any threat to harm the security of the nation. Meaning to defend nation, self, family, property, and others.

If you don't believe me, just imagine you are walking your dog, and see a group of people beating, robbing and raping, a young couple, who had stopped to fix a flat tire. Let's suppose you don't have a gun, but have a cell phone. You call the cops, and the thugs see you on the phone. Would you feel better having a gun?

How about if you were out in the hills, taking a hike, and as you crest a hill you see a military group, flying a foreign flag? You run home, tell your daughter to ride out and tell the Sheriff, as you call the Duty Officer of the local Navy Base, and tell them you have a Flash precedent message OPNAV 3 RED ROCKET BLUE DOT ALERT , and tell them you will stay on the line for instructions and verification.

So, perhaps you get killed, but the alert has gone out, and every gun owner is locked and loaded, ready to fight.

Article IV Section 4, says that the United States shall protect each state from invasion.

This does not mean the US Government is responsible for protecting your state. It means the states action together shall protect each other. Meaning that every state is to repel invasions and the invaders.

Article I Section 8, gives Congress powers to build the Army and Navy. It also grants power of Congress to call for the militia (of the people) to execute the Laws of the Union, suppress Insurrections and repel Invasions.

Article I Section 8, gives Congress the power to enact laws which organizing, arm, and discipline the (organized ) Militia, and for governing a part of them as may be employed in the Service of the United States, then allows the states to form their own militia or National Guard formed from the (unorganized militia) people not serving in the Army or Navy , and appoint of the Officers, and the set standards for training the Militia (National Guard).

However, Article I Section 10 Restricts state's powers, but with a catch:

"No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

"unless actually invaded, or in such imminent Danger as will not admit of delay."

Meaning, that if a state sees it is invaded or attacked, there is no waste of response time, to face the situation, or the state may surrender to the invaders.

Now I can speak for California laws as they follow the US Constitution, by protecting people's right to bear arms, and limit that right to persons who have not surrendered or lost their rights, However, even a convicted felon can take possession of a gun to defend himself or others.

I'll add California's laws governing militias, establishes the organized militia (NG) and the unorganized militia, but California's Assault Weapons Ban, infringes on people's right to bear arms, and be capable responders to a sudden call to arms, as in a natural disaster, riots, or act of terrorism.

Answer 8

No.

It prohibits the federal (not state) govt from regulating the ownership of firearms.

All constitutional "rights" are phrased as limitations on govt actions. In the case of the 2nd (and 7th) Amendments, those limitations only apply against federal govt actions, not state regulations, because those Amendments were never incorporated against the states.

So, given that the federal govt cannot regulate firearms (except on federal property, one of the exceptions) and states can, it would be incorrect to say the 2nd Amendment gives any rights.

And according to most federal appellate courts, the phrase "well-regulated militia" refers to state-sponsored militias -- namely the state branches of the National Guard.

Answer 9

Yes.
Nice try, but doesn't fly.
The first thing Communists & Nazis do when they take over a country, is to ban the people from owning firearms.

Answer 10

No, it gives the states the right to have a miltia. We have Federal Milita (Army, Navy, Marines, Airforce) and state militia (national guard). Congress could not get rid of the national guard or pass a law saying that they could not be armed.