It says "...the right of the people to keep and bear arms shall not be infringed". Here, PEOPLE means you, me and almost every other citizen of the USA, just like it does in every other amendment in the Bill of Rights.quote:
Originally posted by MarkC:
Seriously, what's your interpretation of the Second Amendment, and how much regulation and what type did Hamilton have in mind?
Before you get you hackles up, I'm not being a smartass(right now, at least), I'd just like your thoughts and reasoning.
It says, "A well regulated militia, being necessary to the security of a free state..." Here, MILITIA basically means every male citizen. This includes you and me. There can be no argument over this, as the term is defined in Title 10 Section 311 of federal law. I quote:
The militia of the United States consists of all able-bodied males at least 17 years of age... who are, or have made a declaration of intention to become, citizens of the United States.
Key points:
The 2nd amendment is an individual right to keep and bear arms which applies to the people -- e.g. every lawful citizen of the USA.
The militia is not a bunch of wackos in Montana marching around with guns (like the lefties would have us believe), but in fact it is all of us including you and me.
It pertains to "arms" which means firearms.
The distinguishing point of firepower is taken to be whatever is carried by the common soldier. This is because one of the purposes of the 2nd amendment, as described in Federalist #29 (note: not by far the only purpose), is to increase military readiness.
This was reinforced by the supreme court in the famous Miller case, in which the Supreme Court ruled that the 2nd amendment is indeed an individual right to keep and bear arms, but denied Miller's right to own a sawed off shotgun because such a weapon had no reasonable military purpose.
How shall this right be appropriate regulated? Regulations should pass the same muster that would be applied to any other right guaranteed in the Constitution. That is, any regulation must establish a compelling improvement in public safety without impairing the lawful exercise of the right in question.