WinterBorn
Diamond Member
They appealed to ignorance of 10USC311.In other words, you cannot cite where this concept was covered. I got it.There is no Appeal to Ignorance of the Intent and Purpose of the law. 10USC311 applies; why do you and those of your point of view believe it does not.I'm not sure that you are at all aware of what you are attempting to say.
The issue is that the Supreme Court has already ruled that the 2nd Amendment means exactly what it says, "the right of the people to keep and bear arms shall not be infringed." I understand that an armed populace is difficult to rule, but you lost.
Can you cite the ruling that covered this concept?
I already have. But you chose to ignore it in favor of that silly "'The People' is plural, therefore no individual right is protected" nonsense.
In Heller v. District of Columbia the SCOTUS held:
"Held:
1. 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.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22."
So the highest court in the land has ruled "The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms."
There is no Appeal to Ignorance of the Intent and Purpose of the law. 10USC311 applies; why do you and those of your point of view believe it does not.
Can you cite the ruling that covered this concept?
I quoted where the SCOTUS ruled on this. There is no higher authority. That they have ruled that it is, in fact, and individual right, that it is not connected to service in a state militia, and that the first clause does not limit the true meaning of the 2nd amendment. This makes the US Code a moot point, since it cannot override the US Constitution and the SCOTUS has ruled contrary to that code.
There is no Appeal to Ignorance of the Intent and Purpose of the law. 10USC311 applies; why do you and those of your point of view believe it does not.
Can you cite the ruling that covered this concept?
Since the SCOTUS has ruled that the 2nd amendment is about an individual right and is not connected to service in a state militia, the US Code does not apply. Your descriptions were of state militia. Service in them is not required in order to own and bear arms.
Perhaps a basic civics class could teach you that when the SCOTUS rules, it cannot be overridden by the US Code. The US Code describes the militia ect ect. But that is not relevant in this discussion.