Re: Days Since Last Shooting II
For most of U.S. history the second amendment was interpreted as granting the states the right to organize and arm a militia. The individual right to bear arms is a fairly modern interpretation put forth and popularized by the NRA.
In 1939 the Supreme Court ruled that the possession of a shotgun with a barrel less than 18" long had nothing to do with the "preservation or efficiency of a well regulated militia" and that the second amendment did not guarantee "the right to keep and bear such an instrument". Under a modern "individual right" interpretation, the militia clause is ignored and it seems that not allowing a shotgun due to barrel length would be "infringing" someone's right to bear arms. In fact, the Supreme Court did not rule the second amendment guarantees an individual's right to own a gun until 2008.
After his retirement Nixon appointee Warren Burger said that the second amendment "has been the subject of one of the greatest pieces of fraud--I repeat the word 'fraud'--on the American public by special interest groups that I have ever seen in my lifetime"
If you follow the NRA's push to it's logical conclusion, that the second amendment guarantees an individual the right to own a gun and that any attempt to restrict or regulate that is unconstitutional, then background checks become pointless -- because everyone has a constitutional right to own a gun. And there is no constitutional basis for prohibiting certain types of guns. Fully automatic=legal. No limits on magazine sizes.
For most of U.S. history the second amendment was interpreted as granting the states the right to organize and arm a militia. The individual right to bear arms is a fairly modern interpretation put forth and popularized by the NRA.
In 1939 the Supreme Court ruled that the possession of a shotgun with a barrel less than 18" long had nothing to do with the "preservation or efficiency of a well regulated militia" and that the second amendment did not guarantee "the right to keep and bear such an instrument". Under a modern "individual right" interpretation, the militia clause is ignored and it seems that not allowing a shotgun due to barrel length would be "infringing" someone's right to bear arms. In fact, the Supreme Court did not rule the second amendment guarantees an individual's right to own a gun until 2008.
After his retirement Nixon appointee Warren Burger said that the second amendment "has been the subject of one of the greatest pieces of fraud--I repeat the word 'fraud'--on the American public by special interest groups that I have ever seen in my lifetime"
If you follow the NRA's push to it's logical conclusion, that the second amendment guarantees an individual the right to own a gun and that any attempt to restrict or regulate that is unconstitutional, then background checks become pointless -- because everyone has a constitutional right to own a gun. And there is no constitutional basis for prohibiting certain types of guns. Fully automatic=legal. No limits on magazine sizes.
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