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Does the Second Amendment give individuals the right to bear arms?

 
Anonymous Coward
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12/02/2009 09:06 PM
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Does the Second Amendment give individuals the right to bear arms?
Obama's new Attorney General, Eric Holder, has already said this is one of his major issues.
This takes literally 2 clicks to complete. Please vote on this gun issue question with USA Today. It will only take a few seconds of your time. Then pass the link on to all the folks you know. Hopefully these results will be published later this month. This upcoming year will become critical for gun owners with the Supreme Court's accepting the District of Columbia case against the right for individuals to bear arms.


[link to www.usatoday.com]
Anonymous Coward
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12/02/2009 09:48 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Here is the thing about the second amendment. It 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." Clearly there are 2 distinct thoughts being expressed in this one sentence.

The first thought is that a well regulated militia is necessary for the security of a free state. This makes sense. In order for a state to maintain it's security from attack, foreign invasion, or a tyrannical federal government, the states need to be able to call it's population to arms. If the population has no arms, i.e. weapons, how can the state or the people protect themselves? They couldn't.

The second thought. "the right of the people to keep and bear arms shall not be shall not be infringed." This is a separate thought. Apart from the first thought. The first thought could have read, "in order for a state to quell the hunger of it's population...". It doesn't change the point that was being made. The people have the right to arms.

Now lets look at the "keep and bear" aspect. Keep means to have, possess, own. You must remember that the consitution was written in common english, not legalese. So the people have the right to own arms. Bear means to carry, to have on your person. So the second amendment means that you can own arms AND you can carry them around wherever you go. So any law or act restricting the ownership or transportation of arms is unconstitutional.

Lastly lets look at the word arms. Arms in this context is weapons. There is no specification of types of weapons. Just weapons. The weapons of the time of the writing of the constitution was pitchforks, axes, bows and arrows, muskets, cannons, clubs, knives, swords...you get the picture. So what are the weapons of our day? Rifles, tanks, missiles, pistols, planes, rockets. So taking the constiution in it's pure form guarantees the right of the people to keep and bear all these things. It does not give anyone the right to use these weapons against another human unless it is for protection of life and liberty. That is what the second amendment states. It's the constitution. The constitution is the law of the land. Our government officials take an oath to uphold the constitution. Looks like there might be some negligence going on.

Think about it.
Anonymous Coward
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12/02/2009 09:54 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Here is the thing about the second amendment. It 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." Clearly there are 2 distinct thoughts being expressed in this one sentence.

The first thought is that a well regulated militia is necessary for the security of a free state. This makes sense. In order for a state to maintain it's security from attack, foreign invasion, or a tyrannical federal government, the states need to be able to call it's population to arms. If the population has no arms, i.e. weapons, how can the state or the people protect themselves? They couldn't.

The second thought. "the right of the people to keep and bear arms shall not be shall not be infringed." This is a separate thought. Apart from the first thought. The first thought could have read, "in order for a state to quell the hunger of it's population...". It doesn't change the point that was being made. The people have the right to arms.

Now lets look at the "keep and bear" aspect. Keep means to have, possess, own. You must remember that the consitution was written in common english, not legalese. So the people have the right to own arms. Bear means to carry, to have on your person. So the second amendment means that you can own arms AND you can carry them around wherever you go. So any law or act restricting the ownership or transportation of arms is unconstitutional.

Lastly lets look at the word arms. Arms in this context is weapons. There is no specification of types of weapons. Just weapons. The weapons of the time of the writing of the constitution was pitchforks, axes, bows and arrows, muskets, cannons, clubs, knives, swords...you get the picture. So what are the weapons of our day? Rifles, tanks, missiles, pistols, planes, rockets. So taking the constiution in it's pure form guarantees the right of the people to keep and bear all these things. It does not give anyone the right to use these weapons against another human unless it is for protection of life and liberty. That is what the second amendment states. It's the constitution. The constitution is the law of the land. Our government officials take an oath to uphold the constitution. Looks like there might be some negligence going on.

Think about it.
 Quoting: Anonymous Coward 796711


This is probably the most intelligent thing I've read on this site. Thank you.

The way I've always thought it is, yes the constitution as it currently reads, guarantees your right to own and carry a weapons. However, it is not written in granite. There are currently 27 amendments to the constitution, the most recent of which came in 1992, proving it is not a perfect document.
Anonymous Coward
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12/02/2009 10:15 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
I never said the constitution is perfect, but that doesn't mean the entire thing should be revised. Some of it could do with some tweeking...some of it should be left alone. The right of the people to possess the means to protect themselves should never be changed.

When the people pound their arms into plowshares, they will plow the fields of those who did not.
Evil Twin

12/02/2009 10:20 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.
Anonymous Coward
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12/02/2009 10:23 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.
 Quoting: Evil Twin

Yell Hea.
Anonymous Coward
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12/02/2009 10:26 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Here is the thing about the second amendment. It 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." Clearly there are 2 distinct thoughts being expressed in this one sentence.

The first thought is that a well regulated militia is necessary for the security of a free state. This makes sense. In order for a state to maintain it's security from attack, foreign invasion, or a tyrannical federal government, the states need to be able to call it's population to arms. If the population has no arms, i.e. weapons, how can the state or the people protect themselves? They couldn't.

The second thought. "the right of the people to keep and bear arms shall not be shall not be infringed." This is a separate thought. Apart from the first thought. The first thought could have read, "in order for a state to quell the hunger of it's population...". It doesn't change the point that was being made. The people have the right to arms.

Now lets look at the "keep and bear" aspect. Keep means to have, possess, own. You must remember that the consitution was written in common english, not legalese. So the people have the right to own arms. Bear means to carry, to have on your person. So the second amendment means that you can own arms AND you can carry them around wherever you go. So any law or act restricting the ownership or transportation of arms is unconstitutional.

Lastly lets look at the word arms. Arms in this context is weapons. There is no specification of types of weapons. Just weapons. The weapons of the time of the writing of the constitution was pitchforks, axes, bows and arrows, muskets, cannons, clubs, knives, swords...you get the picture. So what are the weapons of our day? Rifles, tanks, missiles, pistols, planes, rockets. So taking the constiution in it's pure form guarantees the right of the people to keep and bear all these things. It does not give anyone the right to use these weapons against another human unless it is for protection of life and liberty. That is what the second amendment states. It's the constitution. The constitution is the law of the land. Our government officials take an oath to uphold the constitution. Looks like there might be some negligence going on.

Think about it.
 Quoting: Anonymous Coward 796711


Very informative post, thank you.
Anonymous Coward
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12/02/2009 10:27 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.
 Quoting: Evil Twin


The Bill of Rights ENUMERATES (not grants) our natural born rights as stated above. The administration is trying to plant the seed of the 2nd Amendment granting the right to bear arms. Remember, anything granted can also be taken away.
That is their ultimate goal.
Anonymous Coward
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12/02/2009 10:34 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
What would the americans have done if the british took their guns away before the war? You can't fight back. Thats why we have the right bear arms. So this fucking government can't enslave us. Fuck this government they are not america. The founding father knew this. If they start puting us in fema camps, jabbing us with needles. How would we fight back. They did not want us to be sheep and think this government was always right. that bullshit. Freedom of the republic. Not democracy.
Anonymous Coward
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12/02/2009 10:35 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
As I said, the people have the right to arms.
Anonymous Coward
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12/02/2009 10:46 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Nope natural law gives man the right to defend himself.
Anonymous Coward
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12/02/2009 10:52 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Nope natural law gives man the right to defend himself.
 Quoting: Anonymous Coward 831936

Any creature has the right to defend itself. Being a human I have a right defend myself with whatever means I can obtain. That means I'm not limited to fists, feet, sticks and stones. If I can obtain armament equal to or greater than the threat that comes against me, then I have the right to use it in defense of myself. Call it what you will, it doesn't change a thing.
The Professor
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12/02/2009 11:02 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.
 Quoting: Evil Twin


Looking for an amen?
You got one.
The Professor
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12/02/2009 11:02 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.
 Quoting: Evil Twin


Looking for an amen?
You got one.
Anonymous Coward
User ID: 774404
United States
12/03/2009 02:42 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Here is the thing about the second amendment. It 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." Clearly there are 2 distinct thoughts being expressed in this one sentence.

The first thought is that a well regulated militia is necessary for the security of a free state. This makes sense. In order for a state to maintain it's security from attack, foreign invasion, or a tyrannical federal government, the states need to be able to call it's population to arms. If the population has no arms, i.e. weapons, how can the state or the people protect themselves? They couldn't.

The second thought. "the right of the people to keep and bear arms shall not be shall not be infringed." This is a separate thought. Apart from the first thought. The first thought could have read, "in order for a state to quell the hunger of it's population...". It doesn't change the point that was being made. The people have the right to arms.

Now lets look at the "keep and bear" aspect. Keep means to have, possess, own. You must remember that the consitution was written in common english, not legalese. So the people have the right to own arms. Bear means to carry, to have on your person. So the second amendment means that you can own arms AND you can carry them around wherever you go. So any law or act restricting the ownership or transportation of arms is unconstitutional.

Lastly lets look at the word arms. Arms in this context is weapons. There is no specification of types of weapons. Just weapons. The weapons of the time of the writing of the constitution was pitchforks, axes, bows and arrows, muskets, cannons, clubs, knives, swords...you get the picture. So what are the weapons of our day? Rifles, tanks, missiles, pistols, planes, rockets. So taking the constiution in it's pure form guarantees the right of the people to keep and bear all these things. It does not give anyone the right to use these weapons against another human unless it is for protection of life and liberty. That is what the second amendment states. It's the constitution. The constitution is the law of the land. Our government officials take an oath to uphold the constitution. Looks like there might be some negligence going on.

Think about it.


This is probably the most intelligent thing I've read on this site. Thank you.

The way I've always thought it is, yes the constitution as it currently reads, guarantees your right to own and carry a weapons. However, it is not written in granite. There are currently 27 amendments to the constitution, the most recent of which came in 1992, proving it is not a perfect document.
 Quoting: Anonymous Coward 500700



It's not been ratified by the 14th amendment. They've tried, successfully in DC because it's a federal district governed more by the constitution, (although you'd never know it) That's why the 2nd amendment supreme court trial two years ago allowing guns into DC. This in no way insures our ability to keep our guns under the 2nd amd.

[link to www.cato.org]
dookie stain
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12/03/2009 02:44 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Only bears have the right to bear arms.....
Anonymous Coward
User ID: 854843
United States
01/01/2010 05:32 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Huh? this is from 2007..
Obama's new Attorney General, Eric Holder, has already said this is one of his major issues.
This takes literally 2 clicks to complete. Please vote on this gun issue question with USA Today. It will only take a few seconds of your time. Then pass the link on to all the folks you know. Hopefully these results will be published later this month. This upcoming year will become critical for gun owners with the Supreme Court's accepting the District of Columbia case against the right for individuals to bear arms.


[link to www.usatoday.com]
 Quoting: Anonymous Coward 832019
Anonymous Coward
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United States
01/01/2010 05:36 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.
 Quoting: Evil Twin

So, that poll question at the other site is in fact a nice piece of NLP, in that if one does not realize the truth of what you have stated they will without thinking select Yes for their answer, thereby exhibiting their ignorance and giving power to the very ones they thought were their enemies.
Anonymous Coward
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01/01/2010 05:40 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
You have the right to bear arms unless you used a foreign currency to obtain them.
Anonymous Coward
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01/01/2010 05:40 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Here is the thing about the second amendment. It 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." Clearly there are 2 distinct thoughts being expressed in this one sentence.

The first thought is that a well regulated militia is necessary for the security of a free state. This makes sense. In order for a state to maintain it's security from attack, foreign invasion, or a tyrannical federal government, the states need to be able to call it's population to arms. If the population has no arms, i.e. weapons, how can the state or the people protect themselves? They couldn't.

The second thought. "the right of the people to keep and bear arms shall not be shall not be infringed." This is a separate thought. Apart from the first thought. The first thought could have read, "in order for a state to quell the hunger of it's population...". It doesn't change the point that was being made. The people have the right to arms.

Now lets look at the "keep and bear" aspect. Keep means to have, possess, own. You must remember that the consitution was written in common english, not legalese. So the people have the right to own arms. Bear means to carry, to have on your person. So the second amendment means that you can own arms AND you can carry them around wherever you go. So any law or act restricting the ownership or transportation of arms is unconstitutional.

Lastly lets look at the word arms. Arms in this context is weapons. There is no specification of types of weapons. Just weapons. The weapons of the time of the writing of the constitution was pitchforks, axes, bows and arrows, muskets, cannons, clubs, knives, swords...you get the picture. So what are the weapons of our day? Rifles, tanks, missiles, pistols, planes, rockets. So taking the constiution in it's pure form guarantees the right of the people to keep and bear all these things. It does not give anyone the right to use these weapons against another human unless it is for protection of life and liberty. That is what the second amendment states. It's the constitution. The constitution is the law of the land. Our government officials take an oath to uphold the constitution. Looks like there might be some negligence going on.

Think about it.


This is probably the most intelligent thing I've read on this site. Thank you.

The way I've always thought it is, yes the constitution as it currently reads, guarantees your right to own and carry a weapons. However, it is not written in granite. There are currently 27 amendments to the constitution, the most recent of which came in 1992, proving it is not a perfect document.
 Quoting: Anonymous Coward 500700

And yes just as the Prohibition Amendment was repealed by another amendment so to the 2nd amendment can itself be repealed by another amendment. The power to Amend the US Consitution in any or all of its parts is supposed to reflect the Power of The People.
Anonymous Coward
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01/01/2010 05:41 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
You have the right to bear arms unless you used a foreign currency to obtain them.
 Quoting: Anonymous Coward 810358


point is you gotta own the arms, before you can even bear them ...

otherwise you gotta get a license
Anonymous Coward
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01/01/2010 05:45 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.


The Bill of Rights ENUMERATES (not grants) our natural born rights as stated above. The administration is trying to plant the seed of the 2nd Amendment granting the right to bear arms. Remember, anything granted can also be taken away.
That is their ultimate goal.
 Quoting: Anonymous Coward 802790

The 2nd being a part of the Constitution can then be amended by that process set forth in the self same Constitution, and an amendment to repeal the second amendment could be put to question in both Houses of Congress and if passed then sent to either the 50 State Legislatures or directly to the People for ratification.

If enough State Legisltures are of the opinion that it should be repeale dthen they will ratify the new amendment that repeals the 2nd.

If Sent to the People, if enough people have been brainwashed to believe the repeal of the 2nd is a good idea, then they the requiste majority of the people ratifiy the new amendment thereby repealing the 2nd Amendment.

This is a true and valid process of holding, defending, and applying the terms of the US Consitution.

Such an amendment repealing the 2nd Amendment would not in itself be inherently unconstitutional.

The 2nd Amendment could be repealed.
Art Deco

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01/01/2010 05:47 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Here is the thing about the second amendment. It 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." Clearly there are 2 distinct thoughts being expressed in this one sentence.

The first thought is that a well regulated militia is necessary for the security of a free state. This makes sense. In order for a state to maintain it's security from attack, foreign invasion, or a tyrannical federal government, the states need to be able to call it's population to arms. If the population has no arms, i.e. weapons, how can the state or the people protect themselves? They couldn't.

The second thought. "the right of the people to keep and bear arms shall not be shall not be infringed." This is a separate thought. Apart from the first thought. The first thought could have read, "in order for a state to quell the hunger of it's population...". It doesn't change the point that was being made. The people have the right to arms.

Now lets look at the "keep and bear" aspect. Keep means to have, possess, own. You must remember that the consitution was written in common english, not legalese. So the people have the right to own arms. Bear means to carry, to have on your person. So the second amendment means that you can own arms AND you can carry them around wherever you go. So any law or act restricting the ownership or transportation of arms is unconstitutional.

Lastly lets look at the word arms. Arms in this context is weapons. There is no specification of types of weapons. Just weapons. The weapons of the time of the writing of the constitution was pitchforks, axes, bows and arrows, muskets, cannons, clubs, knives, swords...you get the picture. So what are the weapons of our day? Rifles, tanks, missiles, pistols, planes, rockets. So taking the constiution in it's pure form guarantees the right of the people to keep and bear all these things. It does not give anyone the right to use these weapons against another human unless it is for protection of life and liberty. That is what the second amendment states. It's the constitution. The constitution is the law of the land. Our government officials take an oath to uphold the constitution. Looks like there might be some negligence going on.

Think about it.
 Quoting: Anonymous Coward 796711


A well thought out, well reasoned and well written analysis.

Thanks for your time and insight!
In ten years we'll look back on this moment, laugh nervously, and quickly change the subject.
Anonymous Coward
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01/01/2010 05:50 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Who gives a fuck what the constitution or any amendment thereof says. We all have the God given right, as human beings, born on this planet, to do whatever the fuck we want so long as we cause neither harm nor loss to anyone else.
Vedic Medic

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01/01/2010 05:51 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
Without equivocation...YES.
Anonymous Coward
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01/01/2010 05:58 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The Constitution doesn't give me the right to bear arms.

The Constitution protects my natural born right to bear arms.


The Bill of Rights ENUMERATES (not grants) our natural born rights as stated above. The administration is trying to plant the seed of the 2nd Amendment granting the right to bear arms. Remember, anything granted can also be taken away.
That is their ultimate goal.

The 2nd being a part of the Constitution can then be amended by that process set forth in the self same Constitution, and an amendment to repeal the second amendment could be put to question in both Houses of Congress and if passed then sent to either the 50 State Legislatures or directly to the People for ratification.

If enough State Legisltures are of the opinion that it should be repeale dthen they will ratify the new amendment that repeals the 2nd.

If Sent to the People, if enough people have been brainwashed to believe the repeal of the 2nd is a good idea, then they the requiste majority of the people ratifiy the new amendment thereby repealing the 2nd Amendment.

This is a true and valid process of holding, defending, and applying the terms of the US Consitution.

Such an amendment repealing the 2nd Amendment would not in itself be inherently unconstitutional.

The 2nd Amendment could be repealed.
 Quoting: Anonymous Coward 715509


You'd see a revolution like no other if that happened.
Anonymous Coward
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01/01/2010 06:09 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
flag waver
Anonymous Coward
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01/01/2010 06:14 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The minute they try to take away firearms from this country, you'll see an up-roar. Did you look at that poll?! Out of 5 million votes it's 97%, Yes. That means a lot of pissed off people and I'm sure states would start leaving the Union. I wouldn't be surprised to see Civil War 2.
Anonymous Coward
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01/01/2010 06:37 PM
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Re: Does the Second Amendment give individuals the right to bear arms?
The people who have the right to keep and bear arms are clearly THE SAME PEOPLE who have the right to free speech, peaceful assembly and freedom of religion....


It says THE PEOPLE, same as in the first ammendment...what do they think, we are stupid or something, most of us can still read!!

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