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Response to byeya (Reply #17)

Mon Dec 17, 2012, 05:04 PM

20. Read the Heller decision and cite passages to rebut my assertion.

 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=07-290#dissent1

The parallels between the Second Amendment and these state declarations, and the Second Amendment's omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense, is especially striking in light of the fact that the Declarations of Rights of Pennsylvania and Vermont did expressly protect such civilian uses at the time. Article XIII of Pennsylvania's 1776 Declaration of Rights announced that "the people have a right to bear arms for the defence of themselves and the state," 1 Schwartz 266 (emphasis added); 43 of the Declaration assured that "the inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed," id., at 274. And Article XV of the 1777 Vermont Declaration of Rights guaranteed "hat the people have a right to bear arms for the defence of themselves and the State." Id., at 324 (emphasis added). The contrast between those two declarations and the Second Amendment reinforces the clear statement of purpose announced in the Amendment's preamble. It confirms that the Framers' single-minded focus in crafting the constitutional guarantee "to keep and bear arms" was on military uses of firearms, which they viewed in the context of service in state militias.

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Arrow 31 replies Author Time Post
srican69 Dec 2012 OP
LibAsHell Dec 2012 #1
srican69 Dec 2012 #5
jmg257 Dec 2012 #2
hack89 Dec 2012 #3
yellowcanine Dec 2012 #4
joeybee12 Dec 2012 #6
SugarShack Dec 2012 #13
DefenseLawyer Dec 2012 #7
byeya Dec 2012 #14
yellowcanine Dec 2012 #19
DefenseLawyer Dec 2012 #31
jody Dec 2012 #8
LP2K12 Dec 2012 #9
X_Digger Dec 2012 #10
Recursion Dec 2012 #11
byeya Dec 2012 #12
jody Dec 2012 #15
srican69 Dec 2012 #16
jody Dec 2012 #18
srican69 Dec 2012 #21
jody Dec 2012 #23
srican69 Dec 2012 #29
byeya Dec 2012 #17
LineLineLineLineReply Read the Heller decision and cite passages to rebut my assertion.
jody Dec 2012 #20
bongbong Dec 2012 #25
jody Dec 2012 #28
bongbong Dec 2012 #30
bongbong Dec 2012 #26
byeya Dec 2012 #22
ieoeja Dec 2012 #24
nadinbrzezinski Dec 2012 #27
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