More Anti-Gun Lies and Myths #1

 

1) The 2nd Amendment only applies to the National Guard not ordinary citizens.

The level of ignorance in that statement is beyond belief. It shows that the person espousing such a philosophy either never studied the Constitution, or slept through history class.

Our second Amendment reads:

“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.”

In the landmark 2nd Amendment court decision of The District of Columbia Et. Al., v. Heller the court went through a thorough and lengthy lexical analysis of the 2nd Amendment. It concluded it applies to individuals. The court stated:

“1. Operative Clause. a. “Right of the People.” The first salient feature of the operative clause is that it codifies a “right of the people.” The unamended Constitution and the Bill of Rights use the phrase “right of the people” two other times, in the First Amendment’s Assembly-and-Petition Clause and in the Fourth Amendment’s Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rights that may be exercised only through participation in some corporate body.5 “

And the court further stated: “This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.” We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans. “

The court concluded that the right is an individual right and not a collective one. And that right is specifically codified into our federal statutes as in 18 USC 246 which clearly states:

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; Pub. L. 85–861, § 1(7), Sept. 2, 1958, 72 Stat. 1439Pub. L. 103–160, div. A, title V, § 524(a), Nov. 30, 1993, 107 Stat. 1656; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)

 

Secondly it would defy common sense to think that the militia clause only pertained to the National Guard since the national guard comes directly under control of the federal government and lose their state status when called to federal duty (Perpich v. DOD 1990).

So if the 2nd Amendment only applied to the National Guard, and citizens were stripped of their 2nd Amendment rights, no one would stand against the tyrant or despotic government. America would be no better than Cuba or any nation where a dictator rules.

 

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