It does not mean maybe or at someone’s discretion. Because the Constitution (Article I, Section 10) forbade the national government from maintaining a standing army, each state, if it believed it had the need, could have its own regulated militia on call (i.e., the National Guard). But that is only the beginning, for despite the seemingly absolute language of the First Amendment, the Supreme Court has long-held that the government may regulate speech in a great many situations. Here's the catch: Even though it is true that "Congress shall make no law ... abridging the freedom of speech," we still have to define what we mean by "the freedom of speech" that Congress may not abridge. The Second Amendment has been one that has been under much scrutiny and is the topic of controversy in recent years. Cyberbullying – 20 National Bullying Prevention Month Images, Cyberbullying Facts, Cyberbullying Examples -Education News, Haberman Educational Foundation | Education News, Information Age Education Construct | InfoAgeEd, Information Age Education News | IAEN | InfoAgeEd News, Michael Nuccitelli, Psy.D. Some citizens might wish to exercise their right to the “pursuit of happiness” by not wanting to be in the presence of guns. It doesn’t say, “the right of the state to keep and bear Arms.” It says, “the right of the people to keep and bear Arms.” The Bill of Rights is about people’s (individual) rights, not about states’ rights — which are outlined in Articles I, III and IV. If the framers had intended the right to arms to be a state’s right, the Second Amendment would have read something like, “The right of the state to arm its militia shall not …”. Had one been able to ask these learned, most-sacred-document framers of the conflict of such a restrictive action, they most likely would have replied with words to the effect that the drunk or mental incompetent were, at least temporarily, not citizens. Today, though we are not under threat of foreign invasion, per se, we are subject to assault by terrorists and criminals. It is time for opponents of gun control to stop mindlessly shouting "The Second Amendment!!" The bottom line is that constitutionally the federal government does not have the authority to ban firearms but it will always maintain that it has the power to do so. In their view, 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”) forbids the government to regulate guns.

Michael Nuccitelli, Psy.D. Here’s how.

That the federal government does not have the authority to pass laws restricting the right of citizens in keeping and bearing arms. Cyber Bullying – 31 Free Images by Michael Nuccitelli, Psy.D. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.”  So, by the courts own admission; the only weapons which are guaranteed covered by the 2nd Amendment are those weapons used by the military, which would be by definition Assault Weapons. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  (Emphasis added). 100% Risk-Free with the USCCA | An Internet Troll Overview. It was also inconceivable that a Thomas Jefferson or a James Madison would refuse to take a musket away from a drunk, a child or someone conspicuously deranged. The idea of civilian gun controls was unconscionable. We present university paper writing company online that can do a paper in a few hours. Your Purchases are Always And as we all know, power corrupts…, © 2019 Michael Lemieux – All Rights Reserved, Source: Understanding the Second Amendment – News With Views, Your email address will not be published. What happened in this clause was to change the federal government from a construct of the many states to having the states subordinate to the federal government. That the federal government does not have the authority to pass laws restricting the right of citizens in keeping and bearing arms. As has been born out in the writings of the founders and authors of the Constitution, their debates, and indeed the US Supreme court, the “Bill of Rights” are not now nor ever envisioned to be a grant of right to the American people. The 2nd amendment reads as follows-“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.”. The federal government also plays a part because of its database requirements for licensed firearms dealers. "The most stringent protection of free speech," he observed, "would not protect a man falsely shouting fire in a theater and causing a panic." Part of HuffPost Politics. Constitutional rights are only such when they don’t infringe on the constitutional rights of others. It acts as a reminder — an obligation — that the militia must be ever vigilant and prepared. A trained and disciplined body of able-bodied men subject to call into …

The same is of course true of the Second Amendment. Keep refers to possession. Although most judges and lawyers endorse that interpretation, the Supreme Court, in its controversial five-to-four decision in District of Columbia v. Heller, rejected that understanding of the text. The Second Amendment clause, “The right of the people,” indicates that the framers were acknowledging a right rather than granting a right. Paramount to securing the future of this 'freedom' was the idea of securing the rights for an armed militia that could defend our early Republic. A child was, of course, not a man, and a felon had forsaken his citizenship. Today is National Voter Registration Day! Your membership is backed by the USCCA 365-day, 100% money-back,bulletproof guarantee. All Rights Reserved. The 2 nd Amendment, with its statement of “shall not be infringed” means exactly that. And as we cited above in the Cruikshank case, the states are not bound by the 2nd Amendment as it was originally intended. Other than protection from invasion (foreign army), nowhere in the Constitution or its amendments is it guaranteed, pledged or warranted that the individual has the right to expect the government to protect him or her. Violating the rights of others is cause to restrict gun rights. Their next assault might be to the effect that, though the right to keep and bear arms (RKBA) is an individual right, it is not absolute. We made it easy for you to exercise your right to vote. What's not clear about the Second Amendment, which states: "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." However, restricting the right of a law-abiding, bona fide citizen from carrying a firearm that is concealed from public view where it cannot induce panic or be available to a snatch-and-grab thief does not present a substantial risk of damage to anyone. Thus, although the First Amendment seems absolute in its protection of "the freedom of speech," the Supreme Court has reasonably recognized that it does not guarantee us the right to say whatever we please, whenever we please, wherever we please, in whatever manner we please. It is obvious the framers believed it was desirable to have a militia available and ready to heed the call of need. Period. They will contend that even a Supreme Court mandate is not absolute and thus is subject to restrictions. Arms possession was — and still is — the signature of being a citizen, not a subject to some monarchy and most assuredly not mentally inept, a child, a felon or a substance abuser. And the Second Amendment will always be at the center. It accomplished this by stating that all citizens are first citizens of the United States and secondarily to the state they reside.

Indeed, this is precisely what Justice Scalia said in his opinion for the Court in Heller. The phrase "the freedom of speech," in other words, is not self-defining. The USCCA was Born to Protect. We now have, and to be honest for some time now, we have had the call to ban military styled weapons call “assault weapons.”  To be factual, none of the firearms sold today are assault weapons. Consider, for example, the First Amendment, which provides: "Congress shall make no law ... abridging the freedom of speech." Now as we have seen in some states, they have restricted many areas of the 2nd Amendment; and it is their authority to do so if it falls within the power established by the states constitution. Opponents of laws regulating the sale, manufacture and use of guns fervently invoke the Second Amendment. And that is only the beginning of what the Second Amendment does not guarantee. Tap here to turn on desktop notifications to get the news sent straight to you. Discretion is not part of the right to bear arms. If it were, we would have to allow little children and prison inmates to keep and bear arms. However, as we have witnessed in recent history (post 1939), not have authority has no longer been a deterrence to its power to pass laws. In light of the recent mass shootings, and the apparent ignorance of the majority of the “news” media and elected officials, I am moved to write a brief primer of the 2nd Amendment in order to spread some enlightenment. as if that ends the discussion. Privacy Policy | Terms of Use | Winners List, America’s Framework for Freedom: A Simplified, Easy-to-Understand Look at the U.S. Constitution, The Colt Cobra Special: Limited Edition Snub-Nosed .38, October 2020 Giveaway: Pistol Training Experience. Self-protection is left up to each citizen by maintaining what arms are deemed best for that purpose. Infringe means to encroach upon or violate the rights of another. Many people want more laws to prevent people from owning guns. Do you have information you want to share with HuffPost? But how can this be so? This clause is a mandate upon the government not to violate the people’s right to own and carry arms. Regardless of recent Supreme Court of the United States decisions supporting this legal fact, our detractors have continued to work to disparage our right. Know your rights and responsibilities as a gun owner and use our resources to develop your concealed carry confidence. The amendment operates to forbid the government from “infringing” (tampering, usurping, violating) this intrinsic and inherent right. Learn how your comment data is processed. By definition an assault weapon has the capacity for automatic fire (which includes 3 round burst). But does the First Amendment mean that the government cannot constitutionally regulate speech? The word “State” also means nation/country.

| What Are Internet Trolls? It acts as an implied warning to the people to rely upon themselves, rather than the government, for protection and security. The constitutional right to bear arms does have limits, but these confines are only limited to two factors: citizenship and others’ rights, “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” – Justice Louis Brandeis, 1927. Because this right is contained in the Bill of Rights and not under Articles I or IV, this amendment is not a state right but an individual right of the people (as noted in the Act of Congress, March 4, 1789). But it's not that simple. Get Your FREE USCCA Sticker! End of discussion. Enter your email below: You're Ready to Begin Your Journey to Becoming an Ultimate Protector.


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