Explain how Gun Control laws do not violate the Constitutional right to keep and bear arms.?

Question

A well regulated militia being neccessary to the security of a free State, the rights of the People to keep and bear arms shall not be infringed.
The Second ammendment seems abundantly clear in granting "the people" the "right" to not only own weapons but to carry them. That is what bear arms means. And "Shall not be infringed" is very strong language indeed. Any encroachment or limitation is an infringement on the right to keep and bear arms. Registration, liscencing, reqired training, these are all infringements. Every gun control law in the country violates this constitutional right. If you know a valid legal reason it doesn't, I'd like to hear it.

States are not allowed to pass laws that violate the US constitution. State laws found to be unconstitutional are stricken down by the courts.

The second ammendment is ment for the defense of our freedom. Not only for personal protection but for protection from our government. It is the final step in the checks and balances system. It is there so that the people have the power to defend themselves from corrupt government. As such, yes, we do have the right to have military style weapons. And if the homeland is attacked, the citizens can also come to its defense. That is what a militia is.

I'm a veteran, and I'd gladly volunteer if needed. But as a militia has not been called up I'll just have to keep my equipment and skills ready until needed. But this is a matter of individual rights.

Answer 1

Its pretty simple, gun control laws completely violate the second amendment. Last time I checked the 2nd amendment didnt say you have the right to bear arms as long as you have proper training, your gun is registered, liscensed, holds a max of 10 rounds, its not automatic, and you have not gone to jail. And my question to these other morons is this, how can you form a militia if you do not have firearms in the first place? Oh yeah, and what do you think the people who created this country were a part of, ohhh yeah a MILITIA that defeated the british. Plus the constitution is the final word, it does not matter how long ago it was written. And to those people who think that we would be better off without firearms, just open a history book, this is the precise thing that the nazi's did before World War 2. People have to realize this is the real world, not some fairy dream land.

Answer 2

Because the 2nd Amendment only applies to federal laws, not state gun regulation. That's well established precedent going back over a century.

Like the 7th Amendment, and the Grand Jury Clause of the 5th, the 2nd Amendment was never incorporated by the 14th against the states. Leaving states free to regulate all they want under their powers in the 10th. The states aren't violating any constitutional requirements -- the 2nd (and 7th) don't apply to them at all.

Also, most federal circuits (except the 5th Circuit and DC) consider the 2nd to be a collective right, based on the "well regulated militia" clause. So, being a collective right, it's also a matter solely for the states to decide.

Finally, some regulations are permitted even for absolute rights. Such as 1st Amendment speech, which also "cannot be infringed". BUT, it can be regulated as long as the regulations meet constitutional scrutiny by being narrowly tailored to an important (or compelling) govt interest -- like keeping people from using guns to commit crimes in our case.

That's the current state of the law. It may change in a couple years when the Supreme Court reviews the recent DC decision.

Answer 3

None! MSNBC is co-owned by Bill Gates whose father is William Gates who used to be the head of planned parenthood. The MS in MSNBC stands for Microsoft. "There is a thin line between genius and insanity. I have erased this line." -- Oscar Levant "We should hire three or four colored ministers, preferably with social-service backgrounds, and with engaging personalities. The most successful educational approach to the ***** is through a religious appeal. We don't want the word to go out that we want to exterminate the ***** population. and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members." - Margaret Sanger Robert Zimmerman who is George's father was a federal judge. Frederick Hinde Zimmerman (October 17, 1864 – September 21, 1924) was an American BANKER, farmer, real estate entrepreneur, businessman, and hotel owner. Due to his large land holdings and expertise in farming Zimmerman became a notable farmer, breeder and real estate entrepreneur during his life. He was Chancellor Commander of the Knights of Pythias lodge in Wabash County, Illinois. Bob Dylan's real name is Robert Zimmerman, he told 60 minutes that he "sold his soul to the devil." Robert Zimmerman was elected to serve as a Democratic National Committeeman from New York and still holds that position. He was re-elected in 2004 and in 2008. He was also a Trustee of the 2009 Presidential Inauguration. Friedrich Zimmermann was a GERMAN politician and a member of the CSU. From 1982 to 1989 he was the Federal Minister of the Interior. From 1989 to 1991 he held the position of Federal Minister for Transport. He's also a Roman Catholic. "You may call them whatever you wish--the Order of the Quest, the JASON Society, the Roshaniya, the Qabbalah, the Knights Templar, the Knights of Malta, the Knights of Columbus, the Jesuits, the Masons, the Ancient and Mystical Order of Rosae Crucis, the Illuminati, the Nazi Party, the Communist Party, the Executive Members of the Council on Foreign Relations, The Group, the Brotherhood of the Dragon, the Rosicrucians, the Royal Institute of International Affairs, the Trilateral Commission, the Bilderberg Group, the Open Friendly Secret Society (the Vatican), the Russell Trust, the Skull & Bones, the Scroll & Key, the Order--they are all the same and all work toward the same ultimate goal, a New World Order." - William Cooper "Behold a Pale Horse." Johann Adam Weishaupt (6 February 1748 – 18 November 1830) was a GERMAN philosopher and founder of the Order of Illuminati, a secret society with origins in Bavaria. Both the Rockefeller and Bush families are of GERMAN ancestry.

Answer 4

I do not think that our forefathers would want criminals or those who are mentally unbalanced to have access to weapons. I support those limitations but not any other.

And almost all of us are members of the militia.
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.

Answer 5

Good question! Based on my observations, most of the gun control laws that exist do not prohibit law-abiding citizens from obtaining and using guns, they merely offer a method of controlling and tracking the purchases of firearms. This is how they stand up to the muster of Constitutional Review.

I'll leave it up to you on whether you think that violent, or potentially violent, criminals-who are the only people prohibited from purchasing guns under current laws-should be allowed to own guns. They are a threat to the security of a free State, and therefore would be in opposition to the intent of the second amendment (A ... militia being necessary to the security of a free State).

Answer 6

do you belong to a "well regulated militia"? such as the national guard? the best example being the Swiss example where everyone keeps their weapon at home until call for service.if not then you need to understand that our forefathers did not believe in standing armies since most came here to escape same. they only wanted state militias to send troops when needed hence the need for arms in the home by the way regulations are not the same as taking your guns away but this logic is always lost on people like you who ask a question then want to give the answer

Answer 7

Well ~ most gun control laws center around convicted felons and crazy people not getting guns (like that nutbar in Virginia who killed dozens) and semi-automatic assault rifles and other similar kinds of weapons being banned or in limited use. That seems reasonable to me.
You don't need an Uzi to protect your family. To me, keeping and bearing arms for the security of our freedom means just that ... keep and bear arms to protect yourself and your family. Have a gun to stop an intruder. Have a rifle to shoot a deer in the woods.
It doesn't mean to give everyone a gun, or to allow weapons that are ONLY used for mass violence, like semi-automatic weapons. Personally, I think that no one needs weapons like that.

Answer 8

You know their game plan. They can't outright prohibit you from owning a gun, but incrementally they will restrict your activities concerning your gun... one little bite at a time. Must be gun locked at all times. Bullets kept at least 50 feet from the firearm. Can't take it from location A to location B without reporting to some gov't authority. Load you up with so much regulatory BS that you'll just throw in the towel...

Answer 9

How very precious!

Gun Control Laws do not prevent one from buying and owning a gun. If you pass the licensing process, you can buy one.

If you can't, then you will remain gunless.

Law abiding citizens have the privilege; thugs, lowlifes, felons and criminals do not.

Answer 10

It's 2007, not the same as when that paper was written. Life has changed ALOT. Get real. Do we really need any nut-case walking around with a loaded gun ? Common sense pal. Sorry, you lose.