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I'm curious about something regarding the self-defence argument.
Why are convicted felons and the mentally Ill prohibited from owning firearms if the basic 'right' is supposed to be about self-defence?
A felon has served their time, and someone with a diagnosed mental illness hasn't infringed on any laws.
If self-defence is a 'right', then why is someone with a spent conviction or a diagnosed psychological illness prevented from having it?
Kali74
Well regulated in the second amendment does not mean in good working order. Militias of the founding era were regulated in the "follows a set of rules" context. Not anyone could just join a militia and be handed Arms, it was a very serious thing... much like joining the military today and by joining a militia you became a registered person issued Arms for the purpose of resisting the British.
Quite literally the 2nd Amendment was intended to be the right for well regulated militias to exist, not for individuals to own anything more than hunting weapons unless you were on the western expansion frontier (came a bit later). That is the truth of the origin of the 2nd.
Obviously the 20th century changed all that including the SCOTUS interpretation of the 2nd and that's where we are now, individuals now by Constitutional interpretation have the right to keep and bear Arms. The cat having long been out of the bag now, I think it should stay that way. However, registering guns is not an infringement. Registration has always been part of the deal.
“The Greeks and Romans had no standing armies, yet they defended themselves. The Greeks by their laws, and the Romans by the spirit of their people, took care to put into the hands of their rulers no such engine of oppression as a standing army. Their system was to make every man a soldier and oblige him to repair to the standard of his country whenever that was reared. This made them invincible; and the same remedy will make us so.” ~Letter to Thomas Cooper (1814).
However, registering guns is not an infringement. Registration has always been part of the deal.
Bassago
"the description was written by teachers at the school some years ago. It predated Common Core..."
AnimatedMatter
I'm curious about something regarding the self-defence argument.
Why are convicted felons and the mentally Ill prohibited from owning firearms if the basic 'right' is supposed to be about self-defence?
A felon has served their time, and someone with a diagnosed mental illness hasn't infringed on any laws.
If self-defence is a 'right', then why is someone with a spent conviction or a diagnosed psychological illness prevented from having it?
Bassago
reply to post by greencmp
That's an interesting question. A while back something mentioned in another thread had me go looking for common core curriculum but my search was unsuccessful. Did find a teachers web that supposed had much of it but I couldn't access it. Wonder if they don't want people to know.
Kali74
reply to post by Bassago
Well regulated in the second amendment does not mean in good working order. Militias of the founding era were regulated in the "follows a set of rules" context. Not anyone could just join a militia and be handed Arms, it was a very serious thing... much like joining the military today and by joining a militia you became a registered person issued Arms for the purpose of resisting the British.
Quite literally the 2nd Amendment was intended to be the right for well regulated militias to exist, not for individuals to own anything more than hunting weapons unless you were on the western expansion frontier (came a bit later). That is the truth of the origin of the 2nd.
Obviously the 20th century changed all that including the SCOTUS interpretation of the 2nd and that's where we are now, individuals now by Constitutional interpretation have the right to keep and bear Arms. The cat having long been out of the bag now, I think it should stay that way. However, registering guns is not an infringement. Registration has always been part of the deal.
Not anyone could just join a militia and be handed Arms,
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,
That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act.
The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.
by joining a militia you became a registered person issued Arms for the purpose of resisting the British.
That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed,
The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.
and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms,
Quite literally the 2nd Amendment was intended to be the right for well regulated militias to exist, not for individuals to own anything more than hunting weapons unless you were on the western expansion frontier (came a bit later). That is the truth of the origin of the 2nd.
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.
Thomas Jefferson
No freeman shall ever be debarred the use of arms. Proposed Virginia Constitution, June, 1776. "No freeman shall ever be debarred the use of arms." Occasionally this phony quote attributed to Thomas Jefferson is given with the following citation: Thomas Jefferson Papers, 334 (C.J.Boyd, Ed., 1950). The publication exists, but the quote does not. And the editor's correct name is Julian P. Boyd, not C.J. Boyd. In other cases, this quote is added to the end of a proven Jefferson quote "No free man shall ever be debarred the use of arms..." Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344.
What he actually said, in context is: "No Freeman shall be debarred the use of arms in his own lands or tenements." The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, ... or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press. Letter to Major John Cartwright (5 June 1824).
John Adams
[color=Red]Here every private person is authorized to arm himself, and on the strength of this authority, I do not deny the inhabitants had a right to arm themselves at that time, for their defense, not for offence.
As defense attorney for the British soldiers on trial for the Boston Massacre. Reported in L. Kinvin Wroth and Hiller B. Zobel, ed., Legal Papers of John Adams (Cambridge, Mass: Harvard University Press, 1965), 3:248.
Registration has always been part of the deal.
Kali74
reply to post by doubletap
The 1st link goes far beyond religion.
The second was just more about how focused Jefferson was on militias.
“The Greeks and Romans had no standing armies, yet they defended themselves. The Greeks by their laws, and the Romans by the spirit of their people, took care to put into the hands of their rulers no such engine of oppression as a standing army. Their system was to make every man a soldier and oblige him to repair to the standard of his country whenever that was reared. This made them invincible; and the same remedy will make us so.” ~Letter to Thomas Cooper (1814).
The 2nd was written about militias, end of story. Regardless, the current interpretation is that it protects an individuals right to bear arms. I was simply bringing up a point with Bassago whom is capable of a rational discussion and seems to understand he need not foam at the mouth to disagree with someone.
The beauty of the Second Amendment is that it will not be needed until they try to take it.
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
“Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” (Quoting Cesare Beccaria)
"I prefer dangerous freedom over peaceful slavery." - Thomas Jefferson -
A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks." - Thomas Jefferson -
"On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed." - Thomas Jefferson - See more at:
"I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence ... I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy." - Thomas Jefferson in a letter to Giovanni Fabbroni, June 8, 1778 -