2nd Amendment before the Supreme Court again.

Recently, as a result of a man in Washington D.C. trying to register a handgun to defend himself while in his home, the U.S. Supreme Court is once again being asked to interpret the Second Amendment to the U.S. Constitution. At hand is the question, does the second amendment provide for an individual right to keep and bear arms, or was it intended only for those serving in a militia, or today's modern equivalent, the National Guard? Another point being raised is the idea of whether the states may have the authority to reasonably restrict or regulate gun ownership within their borders. What are your thoughts? Do you believe each citizen has a right to bear arms? Should states have the authority to restrict something that is guaranteed to citizens in the Constitution? if so, how would/could this affect other Constitutional rights like the right to free speech or the freedom of the press?

I have to say Yes

that every citizen has the right to own a gun. Within reason. Take those assault weapons out of the equation, period. Same with hand grenades, shoulder fired missiles and other nasty implements of death.

I believe the 2nd amendment speaks to a well regulated militia. As in National Guard. I don't believe it provides for every citizen to own unlimited guns.

I'm glad the Supremes are addressing this. Let's hope they actually come up with a definitive interpretation.

As for how it effects the rights of states to regulate or outright ban weapons, I think if you see the need to carry/own a gun and Missouri no longer allows that, you have the choice to stay out of Missouri. Since free speech is not potentially deadly, I don't think it can be compared.

I'm sure willing to be wrong about my take, since this is a sticky wicket, and I'm basically opposed to ANYone owning a gun.

Look at that...

We can agree again.

I think that people who feel comfortable with the use of a gun and have a practical reason to own a gun should. There's no practical reason to own assault rifles and exlosives. I just can't imagine the necessity of hunting for food with a grenade or an AK47.

And you're right - not just ANYONE should own a gun... I shudder at the thought.

The sad part is that criminals will get guns no matter what the law says. I'd be against the removal of firearms from law abiding citizens as an attempt to curb ciminal gun use.

...Vbron, 2020...

People can legally hunt with

People can legally hunt with an AK47, or an SKS or an AR15. They are all rifles and just because they look evil doesnt mean they are. Its the criminal behind the trigger.

You've got to be kidding.

Coultergiest my old sparring partner."the second amendment ain't about duck hunting" It's about the
collective right of individuals to protect themselves and their families.Obviously you've led a sheltered life and never had to protect yourself or your family also obviously you don't know what classifies an assault weapon.True assault weapons are defined as selective fire,intermediate caliber MACHINE GUNS already strictly controlled by the US government.What gets me about you liberals is you whine and cry about things but the vast majority of
Americans defeats you just like the supreme court will uphold the second amendment and do away with the Washington DC handgun ban.Sorry but George Bush won the presidency. Bill Sali won the congressional seat.The American public simply does not agree with you.

Your wrong as usual Coltergist

The second amendment is unique and revolutionary as a concept when it was first proposed by the founding fathers and it still is today. There are very few countries that you can go to anywhere in the world and have the "right" to keep and bear arms.

While I do agree that AK-47's, M-16's, Mac 10's, 50 cal and smaller sniper rifles, M-74's, M-203's, M-60 Machine Guns, M-3 Sub-Machine Guns, Thomson Machine Guns, SAWS, and other military arms have no place in the civilian market because they were designed for one use and one use only, and that was to kill people. The same goes for flack vests, kevlar, and other forms of body armor. The mis-use of these weapons and items were clearly visible during the Hollywood shoot out when 2 heavily arm bank robbers protected by body armor held off an entire Police department.

Basically, in my opinion, military weapons, especially full automatic, should not be available to the civilian market in any form. Anything other than full-automatic is fine.

With that being said, what you and other liberals continue to fail to understand is the right to keep and bear arms as granted by the second amendment is what separates subjects (Europe) from citizens (America).

This is one area where I agree with Ted Nugent when he told Larry King, the the Second Amendment is my licence to carry a weapon, concealed or otherwise.

Later days,

Viper

Well, Gee!

A guy HAS to protect himself whilst trying to rob a bank and kill cops...

Can you imagine that, Rochester?

State regulations

I think since a state regulates the National Guard, it should also have jurisdiction over some of the more general practices of gun ownership.

The real issue is HOW do we promote responsible use and ownership of firearms and other potentially deadly tools.

...Vbron, 2020...

Respectfully Disagree.

Vbron, Coultergeist, I appreciate your posts and respect your opinions but will have to disagree with both of you on some points.
Both of you allude to a practical necessity for owning a gun, and the idea that there is no need for assault rifles in hunting. In reading the second amendment, I see no language that points to the purpose of gun ownership being to protect a persons ability to hunt, or any other sporting activity. The purpose of the amendment was stated as being to provide security for a free state. The idea is that if the U.S. were invaded, the local citizens of an unorganized volunteer militia could repel such an invasion while waiting for the "regulars" to arrive with reinforcements. You have to remember that at the time there were only 13 states and the rest of the continent to the West was inhabited by the French, Spanish, Dutch, Natives and others, so the threat of invasion from outside forces was very real, as was the potential for political or other unrest causing internal strife as well. The military weapon of the day is precisely the weapon intended to be owned by citizens and protected by the amendment. As technology has advanced, so have firearms. In today's language the military weapon of choice has been branded with the scary term "Assault Rifle", and the sporting necessity argument, from wherever it came, is cited far too often as being a requirement for owning a firearm. The threat of invasion still exists today (albeit to a lesser extent), as does the threat of unrest and criminal activity from within. As such the need to provide security to either the state (my neighbors), or myself also still exists, and so should my right to protect myself, my family, my property with whichever style of firearm I have at my disposal.

Yes, but...

the wording is "well regulated militia", and I believe it means the right of States to have their own National Guards, and not that Joe Blow has the right to a machine gun. Guess we'll wait to see what the Supremes say on that one.

Considering that it looks like we're being prepared for a state of marshall law with lotsa new 'detention centers", the Prez's own enfocement squad (Blackwater)and talk of suspension of elections should we be hit by another terrorist attack, I might just change my mind about that machine gun thing.

Hunting? If you can't hit your target with one or two shots, you should probably go home and practice at a gun range.

Yes the militia.

Main Entry: mi·li·tia
Function: noun
Etymology: Latin, military service, from milit-, miles
Date: 1625
1 a: a part of the organized armed forces of a country liable to call only in emergency b: a body of citizens organized for military service
2: the whole body of able-bodied male citizens declared by law as being subject to call to military service.

U.S. Constitution Article 1 section 8: The Congress shall have power To……. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;....

Think selective service registration, the draft, etc. we are all militia members.

Also from Article 1 section 8: ….To provide for organizing, arming (I want congress to provide everyone a firearm) and disciplining (and train them to use it) the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

Main Entry: discipline
Function: transitive verb
Inflected Form(s): dis·ci·plined; dis·ci·plin·ing
Date: 14th century
1: to punish or penalize for the sake of discipline
2: to train or develop by instruction and exercise especially in self-control.

The problem as I see it

is there ain't nothin' "well-regulated" about letting everybody have unlimited use of unlimited weapons. Where would you draw the line, Nampa?

I don't get the same interpretation as you from the dictionary. Signing up for the draft is a far stretch from the commitment, training and organization of the Guard, wouldn't you say? Which 1625 definition did the Founding Dads have in mind? The Supremes will decide for us, I guess.

As I understand it, Congress does provide the weapons (via the military budget) for the militia.

I'm certainly not a militia member. Nor would Congress call upon me "to execute the laws of the Union, suppress insurrections, and repel invasions"....that sounds like the National Guard, once again. Does that mean I have no right to own a gun? What about a grenade? Maybe the only thing that stands between my family and an evil-doer is a great big bomb.

Again, it's a tricky subject.

As I see it...

There ain't nothin' "well-regulated" about letting everybody have unlimited use of unlimited weapons.
Regulated: to bring order, method, or uniformity to. Offering uniformed training on a standard service rifle and/or pistol. (at the time one registers for selective service, would be my recommendation)
Where would I draw the line?
At the same place we currently draw the line, when a person has a mental disability, or criminal record that precludes them from military service.
Signing up for the draft is a far stretch from the commitment, training and organization of the Guard, wouldn't you say?
No, it's only about a days worth of difference once a draft were to be instated.
As I understand it, Congress does provide the weapons (via the military budget) for the militia.
No, currently only to the National Guard units, but the National Guard is only a small portion of the militia as we already discussed. The whole body of able-bodied male citizens declared by law as being subject to call to military service is the militia.
I'm certainly not a militia member. Sure you are, Congress just hasn't armed and disciplined you yet.
Nor would Congress call upon me "to execute the laws of the Union, suppress insurrections, and repel invasions"....that sounds like the National Guard, once again.
They certainly would! if there were a draft (depending on your age or other disqualifying factors). How many called to duty in Vietnam had that same perception prior to being drafted.

I see that

you've already determined what exactly was meant by the 2nd Amendment.

I'm not so sure.

I guess if all you have to do is sign a paper and then have a day's training to be considered a well regulated militia, all that training the National Guard does is wasted taxpayer dollars.

Yes I have determined...

Yes, I have determined what is my opinion of the Second Amendment.
Yes it also my opinion that requiring enlistment (into the National Guard) is not necessary to provide a well regulated citizen militia, though I do disagree that proper firearms training can be done in a day.
And No, I do not feel that the training done by National Guard units is a waste of taxpayers money, I just don't believe that ONLY the National Guard members are our nations militia, and that by extension are the only citizens who should be permitted to keep and bare arms.

That's more like it, Nampa.

Thanks for qualifying your remarks.

It will be interesting to see how this plays out.

Interesting indeed.

Yes Sir/Ma'am, it will be very interesting indeed. This is a story I will be following closely as it develops. Also makes me wonder if I should go out and purchase a couple (more) firearms, just in case a negative (from my viewpoint) decision is reached by the Justices, in the hopes that at least there would be a grandfathering clause.

Im kinda thinking along

Im kinda thinking along those same lines. An AK47 would look nice in my safe.

On a side note, i also interperet the 2nd ammendmant to allow citizens to keep the arms needed to overthrow an unruly government. We have to remember that when the Constitution was drafted we were controlled by a tyrant of a government.

Why stop at an AK47?

ICBMs for everyone! How about nukes? Danged government wouldn't try and invade my house if they knew I had a nuke.

Guns in DC ?

As DC isn't a state I don't see the Supreme Court as having any big impact on the states rights to regulate the sale or regulated use of firearms .
I have two gun safes and a concealed carry permit .
It isn't the physical "ability to use" a .45 that they teach in a conceal carry class ---- it's "when" to use that they hammer home .
The gun laws in Idaho are a total joke , even a convicted felon like VbroncoAfanB , can buy a gun out of The Statesman's classified section .
I own a couple of what the government calls assault weapons ------- I go out to the desert and hunt Pepsi cans or golf balls ------ because it's fun .

Reddog

The biggest joke of all

is that you're still trying to diminish me by personally attacking me.

:) You're so smart.

I love that you call me a "know-it-all" when you 1) cannot support your own arguements with valid points and 2) seem pretty fixed in your own "all-knowing" position on things. Maybe I have a huge ego, but it would take one to know one.

Keep it up, it's a sign that you can't compete logically.

PS.

VbroncoAfanB may not be a convicted felon , he might just be some one who is barely old enough to vote , that thinks he knows everything .

Reddog

Ha ha, reddog.

Just because you couldn't put out a decent arguement in another forum doesn't mean you need to resort to name calling.

Ready on the Left, Ready on the Right, FIRE!

If you got the money to buy it, property rights and the 2nd ought to allow you to own it.

For those who favor gun-control, consider yourself, YOU, in New Orleans after Katrina. The cops (killers that they be) are not always available for you to protect YOUR family and property. And if there is an angry mob outside my house, with no police around, you damn right I want a 30 round 'assault' weapon in my hands.

Also remember 9/11 was done without guns. I think we should have box-cutter control!

Why stop there? In England

Why stop there? In England and Austrsalia, firearms are banned. The weird thing is that with these evil things gone, homicides using hands/fists, knives, vehicles and blunt objects(bats, pipes, chains, etc) have gone up. Maybe every country should have knives, vehicles and human appendages banned right away!

The pro-gun control supporters logic is retarded at best. When someone invades your home at 2am, what are you going to have to protect you, your family and property while you wait 7 minutes for the police to show up and 10 minutes before they decide on what to do? Your whole family can be brutaly raped, beaten and slaughtered in less time than that. We shouldnt rely on the govt employees to keep us safe. it will only make it worse.

I dont think everyday joes/janes should own rocket launchers, claymore mines, grenads and launchers, etc. but banning "evil assault weapons" and other firearms doesnt make sense. Im heavily considering getting a couple silencers for my firearms, because it soon may be illegal to buy them in Idaho at some point. and as long as i have them and they pass an act to ban them, they cant take them away.

And as far as Katrina is concerned, im suprised that none of the National Guard members or LEO's were shot and killed after they confiscated thousands of firearms from people and their homes that werent even effected by the flooding. There were videos of dozens of the "Gestapo" marching down clean, unpoluted streets and taken away the right for the citizens to defend themselves. A right that THEY SWORE to protect when the signed up for the "SS". Everyone of those guardsmen and police officers that did that should be gunned down in the streets for their actions.

Whoa

Easy there McVeigh, those kids are just following orders, don't shoot the messengers on this (no pun intended). The commanders are the ones to blame for these actions. Let's make sure we place the blame properly.

Just like any other

Just like any other american, they have a choice. They chose to violate those law abiding civilians over in NOLA. If they felt that it was wrong, they could have chose to not show up or follow oreders. They chose to disregard the things they swore to protect because they were afraid of the consequences. And thats scary. I honestly believe that this was a test trial for a disarmament of American citizens. The blame is placed soley on the shoulders of those troops because they chose to follow orders and NOT protect the rights of Americans.

Yeah!

Those people should have SHOT those National Guardsmen who were trying to take their guns away! And those NGs should have just disobeyed direct orders and done what the hell they felt was right.

I'm not retarded,

and I know that if someone breaks into my home, it could take me awhile to get to my locked gun safe..which is, after all, the only sure way of keeping the guns out of the hands of kiddies/thieves,etc.

My whole family can be raped, beaten and slaughtered in less than 17 minutes? I think you may be a wee bit retarded. I found that a loud "FREEZE! I have a gun!" worked really well when I woke up in the dark to an intruder. My drunk neighbor peed himself and fell on his ass crying. He'd accidentally opened our sliding glass door, instead of his. I'm glad I didn't shoot him.

I'm sure you have great need for silencers. Which would be...? Saying you'll run out and buy a couple in case they get outlawed makes as much sense as running out and buying powdered anthrax before it's banned. You'd do it just because the big bad gubmint doesn't want you to. That's a toddler's contrarian thinking. I'm pretty sure I don't want semi-automatics in the hands of someone who does things just because they might be banned in the future.

Read some of the news

Read some of the news articles around the country that the statesman doesnt publish. One instance was when 4 or 5 young males invaded a home in Florida, all of them raping the mother and even forcing her to perform sexual acts with her 14 year old son. Something like this, just proclaiming youre armed, wont be enough.

my reason is noise pollution. Thats what they were invented for in the early 20th century. They were put on .22's so that farmers could shoot foxes near their chicken coops and not disturb their chickens. They dont make a firearm completely quiet like most movies show. You can still hear the bullet, the action cycling and the casing hit the ground. It just makes it so that the person doesnt need hearing protection. It also adds accuracy to the firearm.

Read some of the news

regarding 80 year old women getting shot to death when the police bust into her home and she shot at them, thinking they were intruders. Read about the new "no knock" laws in Florida, where the cops don't even have to announce their presence before busting down your door, and tell me if you think we won't be seeing more of these "accidents." Remember the little girl who was playing a joke on her Dad and she jumped out of the closet and said "Boo!" just before he shot her in the chest?

There are stories both side of the aisle,and I get your point, but I also think we're a gun happy society, and we pay the price in too many tragic injuries and deaths. Hell, our illustrious VP didn't remember the first rule of hunting, which is know what you're shooting at. I don't think the Founding Fathers foresaw the proliferation and evolution of guns when they decided on the 2nd ammendment, and I think it bears looking at to see whether it's relevant today.

Thanks for esplaining the uses of silencers. I thought they were just used as a way to poach game or murder someone without the whole apartment complex knowing about it.

I did hear about the lady

I did hear about the lady who shot a police officer after they barged into her home. If memory recalls, they busted the door in unannounced and they had the wrong address. Im not sure but i would assume the "no knock" laws apply in fugitive cases or drug busts. Im not sure if youre implying they will barge into a persons home with guns drawn because a noise ordinance call. When a person is not educated on firearm usage or worse yet, intoxicated while plinking(i have seen it in our own SE deserts), it spells for trouble. There are alot of morons out there that drive vehicles dangerously or intoxicated and injure/kill far more people evry year than firearms.

Im sure the founding father knew that weapons would advance. I dont think that they knew we would be able to launch a missle that could level a city or turn dozens of sqaure miles of desert into glass from half way across the planet. But im sure they could tell because of the technological advances in the 170 years between the first settlement and the drafting of our Constitution.

And as far as silencers are viewed, they are very heavily taxed and regulated. I compare them to a 1000hp street legal drag car. Most of the population doesnt see a need for them and dont think they should be around, but to the people who own/drive them, they are a big hobby and alot of fun.

I have to wonder

if the founding fathers foresaw automatic weapons that could do so much damage in so short of time. Y'all can claim to know what they meant with the 2nd ammendment, but I'm reasonably sure they didn't foresee semi-automatics when they were still using muskets.

Having said that, I'm not convinced gun control is the answer. Pipe bombs do a lot of damage, and you can't outlaw their parts.

i doubt..

i doubt that the founding fathers foresaw the development of guns to the point that it is at today. can any of us guess at what the weapons 200 years in the future from now will be like? i doubt it. in the time of the founding of this nation the weapons used to hunt food were the same ones used for defense. why cant the same be said now? i think that staring down the barrel of a 12 gauge shotgun or a 270 deer rifle would be quite enough to deter any looters or rapists breaking into my louisiana home, and i think that it would be equally effective in repelling an attack until the regulated militia, or backup arrives. the need of a M16 or AK47 in the home, in my opinion, is trivial at best. while they are admittidly fun to use for shooting rabbits in the desert, i don't see a practical use for them outside of warfare. basically, i don't suppport gun control as much as i do gun moderation. if it serves a purpose other than shooting up a city block then i don't have a problem with you owning one, as long as you meet all the requirements. (background check etc.) i also think that there should be further testing (possible psych analysis) prior to being allowed to purchase a weapon.
P.S. -i remember learning from the movie SHOOTER that a silencer can be made from common household items, so if your really concerned i could teach you how to put your coke bottle to good use.

So let me get this straight.

So let me get this straight. Youre all for everyone who posseses a firearm, do it legally under their state/local laws. Yet you mention illegally modifying a firearm for the use of a home made silencer? Thats a real smart way to earn 15 years in a federal penn. Its no different than taking a hacksaw and cutting 12" off a shotgun barrel.

Obviously there is no way to tell if they knew but these guys werent stupid. They were some of the smartest people in our country. The right to bare arms is one of the most important rights in our country for a reason. They didnt make the list alphabetical, or what they came up with first. Its what was most important to them at the time and what they felt was most important in the future. Theres a good reason why the right to bare arms is the 2nd ammendment and not the 18th or 19th.

The 2nd ammendmant doesnt say what type of firearms a person can own and for what use. They still had cannons in that era, and pistols, and different types of rifles. An AK47 or AR15 is a very effective tool to stop a potential threat or threats and is very effective for close quarters combat. Something that a hunting rifle or a shotgun with a 28" barrel arent good at. If the cities officers stopped policing and it was days before the NG was deployed, how many would be attackers could you fend of from your home with a deer rifle(which usually hold 5 rounds) or a shotgun(which holds 2 to 8 rounds)? There is a purpose for AK47's and the like. And if those are taken away from law abiding citizens, you are taking away ways for them to defend their families or self.

Remember that the reason that certain firearms are banned is because people were in fear of criminals using it on them. What they did was take it away from the law abiding citizens. Criminals still have and carry those banned firearms, illegally. Tons and tons of firearms are brought into this country illegally and sold to criminals. Its a good thing that we made these laws so that things like this wont happen.

hmmm some good points..

well put idahoLT1. you have a few good points in there. for clarification, i mentioned the homemade silencer as a condolence for you in case idaho does put a ban on them.(silencers in general) you would still be able to shoot your foxes without causing a migrain for your chickens. i agree that the 2nd amendment is very important, and that it was placed as mumber 2 for a reason. i also will agree that it does not mention what types of weapons we can or cannot own. however, i'm pretty sure george washington didn't have a cannon and powder stashed away in his closet to foil a would be home invader. you mention the amount of rounds that a weapon can hold as part of your argument, so for fairness sake, a .22 caliber rifle can be purchased with a 25 round or even a 50 round clip. 3 of those puppies equal 150 rounds of deadly shot before you need to reload. you also said that an AK47 or AR15 are particularly effective in close combat. what kind of close combat are you picturing here? if the guy is any closer than the end of my shotgun barrel then i'm just gonna choke him out. correct me if i'm wrong, but i believe you are focusing on more of a mass catastrophe or take over, whereas i am looking more at a break-in, home robbery scene. so i guess it could depend on your outlook. if mexico or canada rises up and takes us over, i would love to have a fully automatic death sprayer in my closet and at my disposal. but the chances of that aren't likely. even in a scene like the aftermath of katrina, i think once you start pumping rounds through the old 10 gauge, people are gonna get the idea that you mean business. cowardly rapists don't stand up well to buckshot.
you also mentioned that illegal weapons are being bought up by criminals, while us law abiding citizens are left helpless. i guess that my whole point is that a gun is a gun is a gun. they all do pretty much the same thing. throwing a piece of metal at a tremendous velocity to inflict damage. really in my opinion what it comes down to is whoever shoots first is probably gonna win. regarless of if your shooting an antique bolt action or a top of the line fully automatic assault rifle. true or not?

You are correct that 150

You are correct that 150 rounds of .22LR ammo can be quite deadly but im sure you know there is a reason why miltary orginizations and law enforcement agencies across the globe dont use them. They have nowhere near the power of even a 9mm round. I consider the .22LR a plinking and maybe a squirrel or rabbit caliber. Note usefull to much anything bigger.

I said that the AK47 and AR15/M4/M16 are very effective close quarter combat tools because of their more compact size and weight comared to a standard hunting shotgun. Alot of militaries(especially the Israeli) train their soldiers to use their rifle as a striking object if it gets real close. It would be very difficult to use a long shotgun in a similar fashion. I have a 12ga semi auto shotgun but its a bird gun, not a home defense firearm. With the 28" barrel, it stands almost 48" in total length where as the M4 is around 32". In a pinch an AR15/M4 can be used in excess of 500yds(which is just as long as most hunting rifles), hold more ammo than alot of high capacity pistols, be used in a close environment similar to a pistol and although not having the power of a 12ga shotgun, it still plenty effective. So when these types of firearm are banned, they are banning the best all around type of firearm.

Your last comment is basically true with exceptions. A gun is a gun but there are different purposes for different guns. Its why a M4 isnt a good goose hunting gun when compared to a shotgun, or why a pistol isnt usuall a good deer firearm compared to a rifle. And so when they take away those different guns, they take away different ways to defend family, property or yourself. I can get into alot of different technicalities between different types and purposes of fireamrs but i dont feel like writing a novel.