Setanta wrote:
The IInd Amendment to the United States Constitution reads, in full:
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.
That amendment does not guarantee anyone the right to keep handguns. It does not guarantee the right to keep as many damned guns of any description which i want to have.
The first clause of that amendment refers to a well regulated militia, and
there is nothing in the Constitution
to the prejudice of the right of State legislatures or the Congress to regulate firearms.
By assuring an armed populace,
the Founders physically put sovereignty into the hands of the citizens.
I like the way US Supreme Ct Justice Joseph Story (1811-1845) put it :
"The right of the citizens to keep and bear arms has justly been considered
as the Palladium of the liberties of the republic since it offers a strong
moral check
against usurpation and arbitrary power
of the rulers;
and will generally...
enable the people to resist and triumph over them."
His view was adopted by the US Supreme Ct in US v. MILLER,
together with that of Judge Thomas Cooley who reiterated that idea, adding:
"The meaning of the provision...
is that
the people ...shall have the right to keep and bear arms
and
they need no permission or regulation of law for the purpose." [emphasis added]
The Constitution no more allows any govern ment to control guns
than to edit the Bible or control who has one.
(It should be borne in mind that any conflict between the Constitution of 1787
[e.g. interstate commerce clause] and the Bill of Rights
must be resolved tofavor the Bill of Rights because those rights
were
changes to the original instrument.)