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.
- "a free State" = not a tyranny
- "A well regulated Militia," is stated here to indicate it is assumed to arise given the right of the people to bear arms, and it is necessary to ensure a free state. It is not stated as a requisite to the right to bear arms.
- "right of the people to keep and bear Arms" there is no restriction on the types of arms here.
The guarantee of the right is intended for fighting/preventing a tyrannical government through the presence and actions of militias. Militias serve this purpose through the potential for widespread guerilla warfare. At the time, arms included canons. Given the intent is to allow for militias that could fight tyrannical governments, this right currently includes such things as conventional weapons, brass knuckles, rocket launchers, fully automatic machine guns, tanks, and all restrictions on such are in violation to the US Constitution.
It would not be expected that militias, guerilla groups, would have nukes. One way to look at what a militia might have, and, thus, what is included in the right to bear arms, is, "what arms are provided to fighting soldiers in the military". This notion reflects power-in-people-numbers, and, in this way, it is intended that militias could overthrow a tyrannical government if their numbers were large enough - given a tyrannical government would cause widespread rebellion by militias. Nukes are not a power-in-people-numbers weapon.
Frivolous Arguments
"But tanks/rocket launchers/automatic machine guns are dangerous "
So are cars, but more so is stupidity and ignorance. There is no constitutionality for the US government to restrict one's actions based on the potential danger to others.
"Rocket launchers could kill a lot of people"
So can bombs which require very little knowledge and cost. Rocket launchers are substantially more difficult to construct.
"A tank could kill a lot of people if it fell into the wrong hands"
Do you have any idea how much a tank costs to construct? Tanks are exceptionally expensive, and whoever owns one would probably take efforts to secure it.
"Higher lethality weapons would mean more massacres"
Apart from government or George Soros funded terrorism, massacres, especially in an un-restricted armed society, would rarely occur.
capego.icu
Bear arms means "milita duty" or "render military service".
Amendment II: House of Representatives, Amendments to the Constitution
This is what they were discussing, a part of the 2A that didn't get in at the end.
"but no person religiously scrupulous shall be compelled to bear arms."
Mr Gerry said: "Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms.
What, sir, is the use of a militia?"
Mr Gerry also said "Now, if we give a discretionary power to exclude those from militia duty who have religious scruples, we may as well make no provision on this head. "
"Mr. Jackson was willing to accommodate. He thought the expression was, "No one, religiously scrupulous of bearing arms, shall be compelled to render military service, in person, upon paying an equivalent.""
it's pretty clear here that the Founding Fathers saw the term "bear arms" to mean "render military service" or "militia duty".
However for gun people in the US, they don't like this meaning, so they'll do everything they can to ignore this fact.
George Mason is known as the father of the bill of rights it was his belief that the people were the militia
"I ask, sir, what is the militia? It is the whole people, except for a few public officials."
Bear Arms
10 USC § 311 - 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.
Yes, that's nice.
You've actually posted two very interesting things, probably without realizing it.
1) Yes, the militia was supposed to be made up of the people. Not a standing army mind, but just ordinary people who would be called up when the time was right.
Slight problem. Back to that document I posted.
Mr Gerry said: "Now, if we give a discretionary power to exclude those from militia duty who have religious scruples, we may as well make no provision on this head."
Why? Why would it be better to have NOTHING than a clause that excluded those with religious scruples from militia duty?
Basically the government could declare all people religiously scrupulous, and then bar them all from militia duty.
As Mr Gerry said: "They can declare who are those religiously scrupulous, and prevent them from bearing arms."
So how do you protect individuals to be in the militia?
You've just protected the right of individuals to own weapons so that in times of need the militia has a ready supply of arms.
Why not protect the right of individuals to be in the militia so that in times of need the militia has a ready supply of PERSONNEL?
You need two things for a militia to exist. A militia that could potentially fight the US federal govt. Guns and people. They protected both.
2) You posted about the unorganized militia.
Why would they make an unorganized militia? What's the point of it. It's never, ever done anything. You're in it, but it doesn't exist.
Basically they made the unorganized militia because they knew that the days of militias were over. They'd failed and failed badly at doing what they needed to do.
So they made the National Guard. A better militia, a different militia, one with well trained personnel and modern equipment.
But everyone has the right to be in the militia. So Mr A Fuckhead could DEMAND to be in the National Guard. It's his right to be in the militia, the National Guard is the militia.
So, make the unorganized militia. Put everyone in it. Then when Mr A Fuckhead comes along and demands to be in the militia, kindly point out to him that he's already in the militia, bye bye, you are not getting in the National Guard, thank you very much.