Second Amendment Secures An Individual Right

[dgallagher]

WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT
The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.

As of August 24, 2004 the Department of Justice (DOJ) has entered an opinion on this Amendment (2nd) and it is public knowledge; or would be if our syndicated press chose to let us know. dg

Text part
:
As developed in the analysis below, we conclude that the Second Amendment secures a personal right of individuals, not a collective right that may only be invoked by a State or a quasi-collective right restricted to those persons who serve in organized militia units. Our conclusion is based on the Amendment's text, as commonly understood at the time of its adoption and interpreted in light of other provisions of the Constitution and the Amendment's historical antecedents. Our analysis is limited to determining whether the Amendment secures an individual, collective, or quasi-collective right. We do not consider the substance of that right, including its contours or the nature or type of governmental interests that would justify restrictions on its exercise, and nothing in this memorandum is intended to address or call into question the constitutionality, under the Second Amendment, of any particular limitations on owning, carrying, or using firearms.

The DOJ site is here.

http://www.usdoj.gov/olc/secondamendment2.htm

[mrbsox]

On every question of construction [of the Constitution] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed.
— Thomas Jefferson (1743-1826), letter to Judge William Johnson, (from Monticello, June 12, 1823)


"The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press."
— Thomas Jefferson

[hrscowboy]

well for my part of it they could have left out the freedom of the press the sobs cant never have anything nice to say about anything anymore

[kentmitchell]

Here's an outfit that really helps define the Second Amendment.
It's the Second Amendment Foundation. I found out about it some 30 years ago and it's still going strong.
A big deal is this 5x7 inch decal they offer. It goes in a window of your home: Warning. The owner of this property is armed. There is nothing inside worth risking your life for.
http://www.saf.org/

[kentmitchell]

This http://www.saf.org/default.asp?p=merchandise will take you directly to the page with the sticker.
Cops who have seen it love it. Encourage using it.

[dgallagher]

Thanks Kent, I'd like to have a sign like that in my window; to go with the "In God We Trust" and the "When you have them by the Balls their hearts and minds will follow"; I'm an equal information advertizer.

Though, I'm 900' off the road, maybe I'll put it at the end of the lane.

dg

[mrbsox]

A bumper sticker I saw awhile back...

If you take away my 2nd Ammendment rights,
What will defend your 1st Ammendment rights?

Ya gotta love LOGIC !!

[mrbsox]

"Trespassers WILL be shot !
Survivors will be SHOT again !!"

[dgallagher]

On a serious note. When the DOJ makes assesments in favor of private citizens for gun ownership. It makes it hard for states to counter and restrict those rights. There are already more then 30 states with 'right to carry laws' and DC is about to overturn their handgun ban.

This is certainly a huge bump in the path for following England, Canada and Australia, who have just about taken away all rights to own weapons.

Their citizens are suffering for these decisions.

sg