An Individual Right to Keep and Bear Arms

I've been waiting for this decision ever since I heard about the case in a CATO Daily Podcast. From the CATO site:

On June 26, 2008, the Court rediscovered the Second Amendment. More than five years after six Washington, D.C. residents challenged the city’s 32-year-old ban on all functional firearms in the home, the Court held in District of Columbia v. Heller that the law is unconstitutional.
Here's the pdf for the District of Columbia v. Heller decision.

I'd like to offer a thanks to Rob Balen (who was subbing for Jeff today) for alerting me to the fact that the Supreme Court finally got a decision right. Having said that, I must observe that Rob Balen the food critic is a gun-phobe. I never heard so much whining over someone being allowed to have guns since the last time I heard someone begging not to be shot in a movie.

Someone should explain the danger to this Yankee carpet-bagger, when he goes South and tries to tell Southerners that they can't be trusted with weapons. It's going to rile some people up.

Where is Suzanna Hupp when you need a voice?



I was living in Austin when this tragedy occurred. I remember wishing, at the time, that a customer had taken the guy out. No one could wish harder than Suzanna Hupp.
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.
Militias are the people; each individual person is a member of the militia. Guns equip the militia. Should we amend the constitution? Remove the second amendment and task government with our protection, empower the military as the only form of defense for the country?

If not, then each of us is responsible for our own defense, and the defense of our neighborhood/city/state. That is the way the founders intended for this to work. It's about time the courts have acknowledged these facts.



There is so much that is left being unsaid in this post, I really don't even know where to begin even if I wanted to fix the misconceptions apparent in this piece. Here. Now. Today. Since I made a deal with myself ages ago not to erase old posts and simply make corrections through this addendum process, I'm left scratching my head just how to exactly paint the picture of my cognitive dissonance on this subject. I think I'll start with a link to what is my latest piece on the subject as of this mea culpa review process in 2017.
The second amendment is a two-edged sword, in more ways than the one I've just outlined. The other argument which can be (and has been) made is the original intent of a well regulated militia; If the people tasked with keeping us safe deem that it the task is impossible with the rules now in place, they can conscript all able-bodied persons into the military for the purposes of weapons assessment. 
That is one sure-fire way to make sure we know who should and shouldn't have a weapon. I'm as opposed as I can get to the idea of a return to the bad-old days of the draft, but if anyone can have a weapon, and if no other laws are possible to fix the problem of weapons in our midst, then the only remaining solution is the one where everyone is trained and everyone is armed to their proficiency. 
What we need to decide is, which kind of America do we really want to live in? The time for that conversation is rapidly passing us by.
The tragically escalating numbers of mass shootings in the US over the last decade has left us all pretty much scratching our heads. A good number of what I considered allies as of the writing of this 2008 piece have become conspiracy fantasists in the true meaning of the phrase and have decided that any mass shooting that can't be explained with the label terrorism is automatically a false-flag event. Essentially turning themselves into the kinds of nutjobs that really shouldn't be trusted with high-powered weaponry in the first place.

This development has left me without a place to call home on this subject. I do find some comfort in the writings of Jim Wright over at Stonekettlestation. Sadly he doesn't see any end to this craziness either. Not until the US itself gets tired of the bloodshed and settles in for a good old-fashioned discussion of what an American fix for this problem might look like. Here's hoping it is sooner rather than later.

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