Topic: 2nd Amendment
Jake Towne's "Right to Bear Arms" Plank I outline my stance on the Second Amendment, the right to bear arms.by Jake Towne, the Champion of the Constitution
(libertarian)
Tuesday, August 25, 2009
"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."
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
At no point would I vote for limits of any sort on the right to bear arms as a federal congressman. There is simply no authorization in the Constitution that delegates this power from the people and the states to United States Congress. States and localities can decide details for themselves based on state constitutions, local preferences, and the U.S. Constitution, which is the supreme law of the land.
As for my personal view, I have spent several years of my life in China, which bans guns, and this changed how I personally view this issue. There are four exceptions to China's rule, and the first three naturally belong to the State. The power to use force against citizens is retained by the armed forces, the police, and the banks' security personnel who transfer the paper currency.
China's fourth exception is, of course, the criminal class, and they are not disposed to leaving victims alive since the penalties (if caught) are severe. I believe Americans should always be very wary of efforts, especially good-intentioned ones, to regulate the right to own guns and bear arms. One should always remember that unscrupulous individuals, just like criminals in China and everywhere else for that matter, will always avoid and find ways to violate the legislation as they commit theft and assaults.
I believe the only legitimate use of force is in defense of individual rights life, liberty, and justly acquired property against aggression. I also respect the natural rights of those who do not bear arms, and the rights of individuals to forbid the presence of arms in their homes or privately-owned places of business or worship. I am against prior federal acts to control gun ownership as the consequences are often unintended.
Let me be clear and speak plainly. The Second Amendment is NOT about shooting game or even defending your home. It is not even about retaliating when assaulted by criminals; these are all protected de facto. Read it again: "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."
The Second Amendment protects your natural right to freedom from tyranny by using force. It matters not if the tyrants come from our own government.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
As always, unlike the NFL, the author grants full permission to allow any accounts of, rebroadcasts, retransmissions, repostings of this article to your blog or anywhere else in order to promote the Restoration of our Republic.
Veritas numquam perit. Veritas odit moras. Veritas vincit. Truth never perishes. Truth hates delay. Truth conquers.
Tu ne cede malis sed contra audentior ito. Do not give in to evil but proceed ever more boldly against it.
The views expressed in this
article are those of Jake Towne, the Champion of the Constitution only and do not represent
the views of Nolan Chart, LLC or its affiliates. Jake Towne, the Champion of the Constitution is
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employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.
Insofar as what you would do as a US congressman I agree with you completely. But I have a disagreement with you on the authority of the states and localities to legislate gun control. You said: "States and localities can decide for themselves based on state constitutions and local preferences."
In my opinion the 2nd amendment applies to the states and localities as well and I believe it always did. Article VI of the constitution says:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Since the second amendment is part of the constitution it over-rules any state laws or constitutions according to article VI.
But even if that were not the case the 14th amendment applies it to the states. The 9th US Appellate court agreed with that position earlier this year. [link edited for length]
Posted By: Jake Towne, the Champion of the Constitution
Date: 2009-08-25 17:15:52
Dear David S -
Thanks, I made an "amendment" of my own and added in the U.S. Constitution, which, as you correctly point out, supercedes all other laws and acts.
Local and state control would apply in some situations that are completely up to the people that live there. For instance, perhaps an individual found guilty of, say, a shooting rampage, the local society may decide to remove said individual from the militia, and not allow gun ownership except in his/her home.
However, as a federal Congressman, I have no say in this matter. Let me know if I am off the mark here.
Jake I don't want to mislead you. As I stated above it's "in my opinion" that Article VI makes the 2nd amendment the law of the land. Others disagree. Even the 14th amendment argument is not decided as another court has stated that the 2nd amendment does not apply to the states. I think the SCOTUS may eventually hear that case. The case I made of above is my argument in support of the second amendment applying to the states. But I don't want you to think that the issue is settled.
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