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#25 Kral

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HUDDLER

Posted 18 January 2013 - 01:41 PM

Lets just conveniently leave out the well regulated portion of the second amendment.


Why not? We leave out the shall not be infringed part already.

This amendment is a clusterfug.

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.

Well regulated means (roughly) disciplined and prepared. So this militia is necessary to the security of a free state but nothing more about this militia is ever described. So the militia may or may not exist despite being a necessity. The militia could be one person or a million people. This is not further expounded on at any point within the constitution.

However because it is a necessity the right of the people to keep and bear arms shall not be infringed. This statement stands on it's own whether the militia actually exists or not. Necessity does not actually imply existence. Additionally this right belongs to the people and not exclusively to the militia. These must be two different objects given the existence of both terms within the amendment.

Infringement means: The encroachment, breach, or violation of a right, law, regulation, or contract. source: West's Encyclopedia of American Law, edition
By this definition all laws restricting an American citizen's ability to keep or bear any weapon are unconstitutional. It has no bearing on the ease of obtaining these weapons though. So considering the meaning of the text as written there should be no mandatory registration and communities cannot outlaw handguns (or bazookas or grenades or...) as this would infringe on the right of the people to either keep or bear arms.

It seems clear to me this amendment is one of the most outdated parts (and personally I think it is poorly written) of the constitution and in my view it should be updated to reflect the requirements of modern times.

#26 mmmbeans

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HUDDLER

Posted 18 January 2013 - 01:47 PM

Tell the millions of dead jews, chinese and russians that.



those examples are an excellent argument for doing anything we can to stop revolution.

#27 mav1234

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HUDDLER

Posted 18 January 2013 - 02:20 PM

Not sure how I repped you. Anyways,", the right of the
people to keep and bear Arms, shall not
be infringed."

I will keep my ar and other semi autos, the second does not limit my magazine size nor firearm.

We cannot stop crazy people from doing unthinkable things and you will not stop law abiding citizenship from owning semi autos. 90% of gun crime is commited with handguns, yet you wish to take the most popular (ar-15) semi auto rifle from law abiding citizens. I have never commited a crime and have one speeding and one seatbelt ticket from years ago, yet you wish to take my and countless others rifles or magazines.


There is a very high likelihood any AWB would be on the future production and sale of the weapons, not confiscation of those currently owned.

#28 mav1234

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HUDDLER

Posted 18 January 2013 - 02:20 PM

Not sure how I repped you. Anyways,", the right of the
people to keep and bear Arms, shall not
be infringed."

I will keep my ar and other semi autos, the second does not limit my magazine size nor firearm.

We cannot stop crazy people from doing unthinkable things and you will not stop law abiding citizenship from owning semi autos. 90% of gun crime is commited with handguns, yet you wish to take the most popular (ar-15) semi auto rifle from law abiding citizens. I have never commited a crime and have one speeding and one seatbelt ticket from years ago, yet you wish to take my and countless others rifles or magazines.


There is a very high likelihood any AWB would be on the future production and sale of the weapons, not confiscation of those currently owned.