Why are police allowed to pick and choose when it comes to the 2nd amendment to the Constitution?

Question

The 2nd amendment to the United States constitution guarantees me protection agaist the infringment of my right to keep and bear arms.....This is such clear language that it seems as though only someone who is crooked and has an agenda could twist it out of context for political reasons.....

Eric!!! Don't tell me crap about being ignorant!!! All you are doing is,in other words,using the same reason all the men on trial in Nuremburg used. Ve Vere just volowing orders.That is all you are doing.Ted Kennedy and men of his mindset "pass" these "laws".If Ted Kennedy told you to jump off a bridge would you?You are acting just like a Liberal,just call the people who challenge you stupid,declare victory and keep retreating.....

Hey asoaso or whatever where in the constitution does it say anything about holsters,permits and all the gobbledygook you're referring to?

How many more of you are going to tell me you're just following orders???

Hey lpdch or whatever since you decided to resort to name calling instead of engaging in dialog I am going to ignore you.Plus all you've done is confirm my belief that Cops should be required to go to college and study what peoples rights are before they are allowed to take to the streets in ignorance. So go study my boy, I did I had to get several degrees before I was allowed to profess my Knowledge of Law.Why you're allowed to go to a coarse at the local community college for a few months and then run roughshod in the community is mindbogling.So keep professing your ignorance by namecalling.....

Answer 1

Steve B

The statutory militia of the U.S. is all male citizens and citizen-aspirants of the U.S. between the ages of 17 and 45 and male members and female officers of the National Guard up to age 60. The militia is divided into two classes - those who are in the National Guard and Naval Militia (?) are the organized militia, everybody else is in the unorganized militia. Therefore, the National Guard is a (small) part of the militia.
Also, the Constitution doesn't 'grant' the right to keep and bear arms to the National Guard, it protects the pre-existing right of the people who make up the militia to keep and bear arms from being restricted by the government.

And to all you LEOs who say, 'My job isn't to interpret the Constitution, it's to enforce the laws of my (state, county, city)...', didn't you take an oath to 'observe, protect, and defend' the Constitution when you hired on? Well then it IS your job, by Jove! After all, the Constitution is by all reports the 'highest Law of the Land'. Or was your oath just window dressing, administered with a 'wink, wink, nudge, nudge' understanding that you'll 'observe' it in the absence if it gets in the way of you 'just doing your job'?

Answer 2

To begin with, the police enforce the laws. The laws are made up by the legislature, so it would appear your gripe is with them rather than the police.

But the second amendment is not as clear as you state. You did not quote the whole thing, which starts "A well-regulated militia being necessary to the security of a free state..." People are going to have their own views of how to read that.

Many would ignore that part, treating it as fluff. I, however, see it as the only point in all the amendments where the justification is explicitly stated, so if the founding fathers felt it needed to be said, it should be paid attention to. And it refers to a "well-regulated militia", which would mostly be police and military, and the protection of a free state, which would be the government ("state" had a clear meaning of government. Many try to interpret it as a free population, but if that was the meaning the writers intended, the term "nation" would almost certainly have been used). If you look at pre-Consitution times, where there were armed rebellions against governments when disputes arose, you can understand that they might want to ensure a means to protect the government from such force, so that disputes were settled through democracy rather than by violence.

So, few gun laws I've seen proposed seem to actually violate the second amendment, in my opinion. But again, others may interpret the opening portion of the amendment differently. none of us are "twisting it out of context for political reasons", unless of course there is no rational basis on how we claim we are interpretting it.

Answer 3

Hoo Boy, here we go again.

JDB, The Police aren't the "Enemy". In fact, A majority of Police Officers are pro-2nd Amendment.

El Scott put it correctly. All Police Officers have a serious lead allergy and don't want to get shot. If I find someone in possession of a weapon, for my safety and the fact I have no idea who I am dealing with at the time, I'll hold the weapon until I am satisfied that the person is in legal possession of it and is not a threat or danger to others.

If the person is not in violation of the law their weapon will be returned to them but I will insist that it remain unloaded while I am present. And that's it.

Answer 4

The police dont pick and choose, you congressmen, senators, and state representatives are the ones that pass the laws regulating gun control above and beyond the second amendment. Also adding, that constitutional rights are not without exception....just like the other amendments. Like yelling Fire in a crowded movie theater as an exception to the first amendment, or like searching a person or area without a warrant under what are known as "exigent circumstances" where a person may destroy evidence or there may be danger to a persons life. And the second amendment, where I dont want John Q Perp carrying a loaded weapon. I dont want Jonh Q Normal guy to be carrying in a bar...and As far as laws about where you can carry, think of them like the no eating or drinking signs.

Answer 5

Actually, the Constitution grants the "right to bear arms" to a "dully constituted militia", that is to say, the National Guard.

While occasional errors are made, the Police take great care not to violate persons Constitutional Rights for the simple reason that when this happens, the bad guys are set free. All our efforts go for nothing and we have failed to provide the requisite service to our community.
Also, Officers who violate peoples Constitutional Rights can sometimes find themselves being charged with Violating a Persons Civil Rights, a federal law violation. These are very serious charges with very serious sentences if the Officer is found guilty, and the Justice Dept has a staff of attorney's who specialize in prosecuting these cases.
Believe me, the vast majority of us bend over backwards to keep from violating anyone's Constitutional Rights, it's part of our job description!

Answer 6

I don't pick and choose. If someone is breaking the law by carrying a weapon concealed, discharging a firearm in the city limits, or committing some other weapon violation then I have to arrest them and take their weapon as evidence. The 2nd Amendment does not give someone the right to endanger others (that includes themselves and me).

However, if I come in contact with someone who is armed but not breaking the law then I disarm them while I deal with them. When I'm done I return their weapon to them (usually empty and in their trunk).

I'm very pro-2nd Amendment and have no problem with someone legally carrying. Heck I think every law abiding person should own at least one gun. However, I am very anti-getting shot in the line of duty.

Answer 7

How so? Do you honestly think only cops are crooked? Not ALL of them are, heck most of them aren't it's the ones who are that make it hard on the rest of the cops, first of all. Second, the courts dictate what and how the Constitution is interpreted so maybe you should raise concern with them instead because their decisons and precident mandate how cops do their job.

Answer 8

write your congressmen ...the police do not make the laws. within every state there are laws that are much more restrictive than the federal system. example .. you have the right to bear arms but the state law will have certain restrictions on handguns, were they cannot be carried or the manor in which they are carried. and gun laws very from state to state. but if you like guns then get a concealed hand gun license. you'll be fine.

Answer 9

The police do not make laws only enforce them. And Blond Ambition, and everyone else who wants to call the Police dumb or power abusing, when the proverbial wolf is at your door call a crack head for help.

Answer 10

Wait, police pick and choose? Where in hell did you pull that one from? Are you 15?

Police do not dictate law, we simply enforce the statutory law that is on the books in our particular jurisdiction.

If you have a problem with the law, YOU need to vote for and or lobby the proper officials in your state or city.

DO NOT blame the police for laws. We are simply paid to enforce them.