- Jan 24, 2015
- Reaction score
- Alta California, federalist.
Not at all. You are even more misinformed in your country since in my country we have a Constitution that is express not implied by right wing fantasy in any way. In fact, if you have to Imply instead of Express, you are already resorting to fallacy to begin with. We have our Ninth and Tenth Amendments. Simply appealing to authority is a fallacy. You have to explain why the Supreme Court ignored the rules of construction and sacrificed the End to the Means in those rulings.Wow. You are very misinformed about the Second Amendment. I don't know what the gun rights are in your country, but if you want to have an informed discussion about gun rights in the U.S., you should read up on the following SCOTUS decisions that are super precedent on this issue. Spoiler alert: both prongs of your post are incorrect.Only Well Regulated militia of the United States have literal recourse to our Second Amendment when keeping and bearing Arms for the security of their State or the Union. The unorganized militia does not have literal recourse to our Second Amendment, as civil and individual Persons, who are subject to the police power of their 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.”Needless to say, this idiotic ‘law’ is un-Constitutional – it clearly violates Article VI.Superfluous, but excellent.
The Arizona House passed a law to nullify federal gun control measures last last month, establishing the state as a Second Amendment sanctuary.
Arizona House Passes Law to Nullify Biden's Federal Gun Control - Big League Politics
- supercedes federal law. What part of "shall not be infringed" do you people not understand? The federal government has no authority to regulate firearms. It is strictly a state matter within the limitations proscribed by the amendment itself, and the 14th.
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Illinois State Constitution)
Held: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
McDonald v. City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees ‘the right of the people to keep and bear Arms,’ applies to state and local governments as well as to the federal government.www.britannica.com
Held: the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government.
And, the People are the Militia. There is no such thing as well regulated militia of Individuals of the People. Well regulated militia must be organized by the several States according to regulations prescribed by Congress.
Article 1, Section 8: Congress shall have Power: To make Rules for the Government and Regulation of the land and naval Forces;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;