Regarding the right to own a gun, what is a "well-regulated militia"?

[Midnight FM]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

 

[Doc7505]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

~~~~~~
Here's a little history;
The Early Militia

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Militia (British Dominions and Crown Colonies)

The Militia of the British Dominions and Crown Colonies were the principal military forces of the Dominions and Crown Colonies of the British Empire. The English had raised militia forces in their settled colonies in the New World immediately upon establishing them in the first decade of the...

military-history.fandom.com

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George Washington (1732–1799) - Encyclopedia Virginia

Early Years Washington was born on February 22, 1732, at Popes Creek farm in on the . (By the Julian, or Old Style, calendar, in effect in England until 1752, he was born on February 11.) His father, Augustine Washington, owned nearly 3,000 acres of tobacco land (including the site of ...

encyclopediavirginia.org

 

[JGalt]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

During that time period "well-regulated" meant something was functional or operated smoothly.


"The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

1709: “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”

1714: “The practice of all well-regulated courts of justice in the world.”

1812: “The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”

1848: “A remissness for which I am sure every well-regulated person will blame the Mayor.”

1862: “It appeared to her well-regulated mind, like a clandestine proceeding.”

1894: “The newspaper, a never wanting adjunct to every well-regulated American embryo city.”

The phrase “well-regulated” was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people’s arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it."

"Well-Regulated" - Bearing Arms - Second Amendment, Well-Regulated

 

[Midnight FM]

During that time period "well-regulated" meant something was functional or operated smoothly.


"The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

1709: “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”

1714: “The practice of all well-regulated courts of justice in the world.”

1812: “The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”

1848: “A remissness for which I am sure every well-regulated person will blame the Mayor.”

1862: “It appeared to her well-regulated mind, like a clandestine proceeding.”

1894: “The newspaper, a never wanting adjunct to every well-regulated American embryo city.”

The phrase “well-regulated” was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people’s arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it."

"Well-Regulated" - Bearing Arms - Second Amendment, Well-Regulated

That would imply that it is saying that the individuals, not the arms, have to be "well regulated".

 

[JGalt]

That would imply that it is saying that the individuals, not the arms, have to be "well regulated".

It would imply that the militia would have to be functional and have weapons that are sufficient for the task.

 

[Muhammed]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

A militia is well regulated when it has plenty of guns and ammo.

10 U.S. Code § 246 - Militia: composition and classes

www.law.cornell.edu

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.

 

[egp320i]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

we the people who are able will step up and defend the USA if attacked, we the people are the largest army

 

[Chuz Life]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

I wonder if I could also get away with flooding this site with dozens of new threads that are as lacking as threads like this one is.

If anyone reading and replying this op and this response of mine, actually believes that the "right to keep and bear arms" and the Second Amendment are the same thing?

I would like for you to explain in great detail, where the revolutionary soldiers who took up arms against King George in the revolutionary war - before the ******* Constitution was even drafted - got THEIR right to keep and bear arms from.

I'll wait.

 

[toobfreak]

The phrase “well-regulated” was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected.

Some antique clocks have the word 'Regulated' or Regulator actually right on the face of the dial.

 

[Correll]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

"MIilitia" is not a stipulation of the RIght.


The Right is presented as needed for the possiblity of a Militia.

 

[toobfreak]

It would imply that the militia would have to be functional and have weapons that are sufficient for the task.

Exactly. A well-regulated militia referred to one that was well-armed and able to meet any demand. They were trained and effective. Our Founders intended that the general populous be well armed and an able and effective deterrent to both support the military if need be in a time of invasion, to keeping a check on government itself that it should never get out of hand and become dictatorial.

Thus, it was intended for the general populous to an effective countermeasure to tyranny.

 

[Correll]

Exactly. A well-regulated militia referred to one that was well-armed and able to meet any demand. They were trained and effective. Our Founders intended that the general populous be well armed and an able and effective deterrent to both support the military if need be in a time of invasion, to keeping a check on government itself that it should never get out of hand and become dictatorial.

Thus, it was intended for the general populous to an effective countermeasure to tyranny.

BUT, there was no mention of the right be limited to active members of militias.


The mention of militia was merely an explanation for why the right was important, but not presented as a LIMITATION on the right.


"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."

 

[toobfreak]

BUT, there was no mention of the right be limited to active members of militias.

I think the general population was pretty much considered the militia. In the 1700s, carrying a rifle was more than a right, but a necessity of living, and every able-bodied person was expected to pick up their gun for God and country.

 

[Correll]

I think the general population was pretty much considered the militia. In the 1700s, carrying a rifle was more than a right, but a necessity of living, and every able-bodied person was expected to pick up their gun for God and country.

Agreed. Note that they didn't even limit the right to MEN.

They specified the PEOPLE as a WHOLE.

 

[toobfreak]

Agreed. Note that they didn't even limit the right to MEN.
They specified the PEOPLE as a WHOLE.

 

[Hafar1014]

I think we can all agree that people have a right to bear arms under the Constitution, and in spite of the hubub about mass shootings in the media (which are a statistical anomaly), there isn't to my knowledge a snowball's chance in hell of the states agreeing to repeal the 2nd Amendment, so the right to own a gun isn't going anywhere.

However, the stipulation is a "well-regulated militia". So what qualifies as such?

Heller settled that its individual Citizens

 

[Hafar1014]

During that time period "well-regulated" meant something was functional or operated smoothly.


"The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

1709: “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”

1714: “The practice of all well-regulated courts of justice in the world.”

1812: “The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”

1848: “A remissness for which I am sure every well-regulated person will blame the Mayor.”

1862: “It appeared to her well-regulated mind, like a clandestine proceeding.”

1894: “The newspaper, a never wanting adjunct to every well-regulated American embryo city.”

The phrase “well-regulated” was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people’s arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it."

"Well-Regulated" - Bearing Arms - Second Amendment, Well-Regulated

The SC settled that in Heller
The District of Columbia v. Heller decision, decided by the Supreme Court in 2008, is a landmark case that affirmed an individual's right to possess firearms, specifically handguns, in the home for self-defense. The ruling clarified the meaning of the Second Amendment, asserting that it protects an individual's right to possess firearms for traditionally lawful purposes, including self-defense in the home, irrespective of militia service. Google

 

[Toddsterpatriot]

"well-regulated militia". So what qualifies as such?

A properly working militia is important. All the people comprise the militia, therefore, we can't infringe on
the right the militia has always had to keep and bear arms.

 

[Hafar1014]

A properly working militia is important. All the people comprise the militia, therefore, we can't infringe on
the right the militia has always had to keep and bear arms.

As individuals according to Heller

 

[Toddsterpatriot]

As individuals according to Heller

All the people comprise the militia, according to the Founders.