The Second Amendment does not apply to today's United States of America

[njhoneybadger]

Last edited Mon Jan 18, 2021, 05:24 PM - Edit history (1)

In the recent days we have seen that America's National Guard will provide the security that is needed for a "Free State"

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 National Guard is the defacto Militia (it's not 1789 it's 2020)

Ironically the people who are calling themselves "Militia" and using the Second Amendment to carry around guns in public are the very people trying to overthrow this "Free State"

Edit: Disclaimer, I own a few guns and was not advocating taking everyone's guns.
The point was we don't need Militias.

[jmg257]

1. The typical citizen is still part of the "militia" per

US code.

The “unorganized” militia, but “militia” none the less.

May not be agreeable, but it’s there none the less.

[Hoyt]

8. Not true as far as 2nd Amend. It's gun-lover interpretation of US Code, but

nonsense.

Plus, the “unorganized militia” is not the “well regulated” militia.

And, even if one reads the “US Code” while pointing at — and mouthing — each word, it says “under 45 years of age.” So all the old white wingers need to turn in their weapons.

[kcr]

24. lol no n/t

[LongtimeAZDem]

25. All males 17 to 44 years old:

10 U.S. Code § 246 - Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

[Laelth]

2. Well, it still APPLIES. Admittedly, it may be outdated.

I still think that this is a big-time LOSING argument for Democrats and that we would be better off dropping it completely until there’s sufficient political will to amend the Constitution (which there isn’t now and may not be for the next 40 years).

-Laelth

[mzmolly]

3. "Well regulated..."

appears to go largely unnoticed by gun fetishists.

[roamer65]

4. The problem is the SCOTUS interpretations.

[Hoyt]

9. Which says you can keep a pistol in your house, per Heller and Scalia.

The rest is gun-lover lore and bull.

[roamer65]

12. A more progressive court will knuckle down on the interpretations.

Such as, only National Guard allowed guns, as they are the modern day state militias.

[MineralMan]

5. The SCOTUS disagrees, and it outranks you, I'm afraid.

[njhoneybadger]

6. I know, but Chief Justice Roberts did refuse to hear 10 cases on 2nd Am. rights

[Towlie]

11. If the National Guard is our well-regulated militia then their attackers can hardly be that as well.

 
?

[Sogo]

7. It's so clear that the right to bear arms is in the context

of a well regulated Militia only....

[hack89]

23. Except 240 years of history say exactly the opposite

Can you show me anytime in our history when gun ownership was legally linked to actual militia service? Where people who were not in a militia were force to surrender their arms? Where are all the laws enforcing this?

[Lady Freedom Returns]

10. This thread is going to get interested.

Continue....

[maxsolomon]

13. Why bring this up today?

We're all aware.

This line of argument has been tested and it has decisively lost. A Militia is anything it needs to be to justify owning "arms".

Guns will remain readily and cheaply available to all, and the carnage or firearm suicides, familycides, and mass shooter events will continue. Poncing about with MSSAs in public as a form of "protest" and barely disguised intimidation will continue.

It is the will of the voters who have put Republicans in charge of the statehouses. The SCOTUS is not changing to a Liberal Majority in the remaining 30 years of my lifetime.

I'm just amazed that Gundamentalists haven't targeted the ban on full-automatics.

[njhoneybadger]

17. It just drives me crazy when I see some A-hole in front of their Capitol with an assault weapon

[roamer65]

18. The only guns that should be allowed are revolving pistols, shotguns and hunting rifles.

All others should be heavily restricted or outright banned.

Possession of those classes without proper permits should be a harsh felony.

[Hoyt]

21. I agree. People can still defend themselves with those, yet not

provide the firepower to wipeout classrooms, inspire militia groups, etc. Not perfect, but much better than laws we have now.

Plus, all public toting should be banned.

[LongtimeAZDem]

14. FBI vetting Guard troops in DC amid fears of insider attack

FBI vetting Guard troops in DC amid fears of insider attack

[pandr32]

15. Exactly!

Article 1; Section 8 (U.S. Constitution) clearly spells out what the "Militia" is, how it is to be used, organized, regulated, disciplined, armed, and funded through Congress and "reserving to the States respectively..."

[MyNameGoesHere]

16. Look guys, it's been pointed out over and over again the constitution never changes

We don't allow women to vote, we don't allow black people to vote, if you don't own property you can't vote. See it never changes.



OK maybe it does and we are just afraid to think like that.

[Chainfire]

19. The Guard, the Army Reserve IS the well regulated militia talked about in the Constitution.

It was penned in the days before a standing army! What the Right is excellent at is ignoring the first phrase, which describes what the rest of the paragraph will be about.

[chowder66]

20. Everyone needs to stop referring to them as militias. They are armed gangs and worse.

[hack89]

22. The 2A supports an individual right to keep and bear arms

According to Presidents Biden and Obama. HRC and Bernie Sanders would also agree. It was part of the Democratic Party platform when Obama ran for office.

Your views are not mainstream Democratic views.