RE: Can someone tell me where in the 2nd amendment it says you can carry machine guns?
April 23, 2017 at 4:07 pm
(April 23, 2017 at 3:38 pm)Tiberius Wrote: The problem with the 2nd amendment is it's not very specific.
The amendment says that Americans have a right to "keep and bear arms" and that's about it. "arms" can cover almost any weapon imaginable.
The phrase "well related militia" is also not well defined either, especially in the context of the amendment. Its used as a reason for why the right to keep and bear arms should not be infringed, but it doesn't state that all people who keep and bear arms need to belong to a well regulated militia either.
In short, it wasn't specific enough when it was written, and although I agree with the sentiment expressed in the amendment, it needs some more definition from court rulings.
Well, if you try to take it in a vacuum maybe you could make that case. However, in 1787 everyone understood that the Articles of Confederation were insufficient and the constitutional convention was called to formulate a replacement. Article VI of the Art. of Confederation does specify what is meant by a well-regulated militia and it sure as shit does not mean every asshole with a gun.
http://hrlibrary.umn.edu/education/artic...ation.html
Quote:No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
So, no. The Founders fully understood what a well-regulated militia meant even if the NRA has forgotten.
