Taking on the circular logic from the 4th
Why the Second Amendment protects the AR-15:
Thus, we arrive at the 4th Circuit decision that even though AR-15 rifles are commonplace, they may be banned because they are like M-16s and useful in military service. As the dissenting judges noted, this curious logic would have made it possible to ban the muskets and rifles used by citizen militia during the Revolutionary War. But why stop there? Handguns are standard-issue military weapons. Shotguns and bolt-action rifles have been employed by the U.S. military. At one time or place, virtually every weapon has been used by the military, including knives and tomahawks. The irresistible conclusion is that the Second Amendment protects nothing.
The Second Amendment has never been recondite, it is only the judges who have been obtuse. An intelligible interpretation of the Second Amendment emerges the instant one reconciles the prefatory and operative clauses. In other words, the militia described in the prefatory clause is a militia composed of a people with a right to keep and bear arms. What type of arms? In 1939, the Supreme Court spoke explicitly to this. At the time the Second Amendment was adopted, men summoned to militia duty were expected to appear bearing arms supplied by themselves and of the kind in common use at the time. The Amendment not only protects weapons that might be useful in a military context, arguably it only protects those weapons useful in military service. Thus, the 4th Circuit Court was exactly and completely wrong.
April 13th, 2017 at 8:59 pm
Suggesting one minor improvement:
“men summoned to militia duty were expected to appear bearing arms supplied by themselves and of the kind in common use BY COMPETING MILITARIES at the time.”
April 14th, 2017 at 4:04 am
“Thus, the 4th Circuit Court was exactly and completely wrong.”
They know all of that perfectly well. Thus they are not “wrong”. Rather, they are corrupt and should be removed from office. They’re criminals, Oath violators, seditious conspirators, and we will be incapable of dealing with the problem until we understand that.
The is not a political problem, or a lack of knowledge among politicians and justices, so much as a matter for law enforcement.
April 14th, 2017 at 4:07 am
You don’t deal with a serial armed robber by trying to talk him out of it, by convincing him that his way of life is flawed. Not until after you’ve arrested and convicted him anyway. Otherwise you’re condemning others to become his victims. We’ve forgotten the concept of justice.
April 14th, 2017 at 1:50 pm
Wonder when they’ll add AR-10 to that blanket and patently false assumption that the AR-15 is strictly for military use.
April 15th, 2017 at 10:36 pm
Furthermore, the Federal government only has delegated power “for governing such part of them (the militia) as may be EMPLOYED in its service. (Article I, Section 8.16). And without delegated power, the Federal Government may do NOTHING. (10th Amendment) To rehearse, Federal gun laws only LAWFULLY apply to those , “such part of the militia” it EMPLOYS in its service.