Brandon9000 wrote:"...the right of the people to keep and bear Arms shall not be infringed" is pretty straightforward language. It implies that the people can have guns period. My point was that one of the main founders, in fact the chairman of the Constitutional Convention, stated what he meant by it.
Congratulations, you have now graduated to the NRA selective reading level--you forgot "A well regulated militia being necessary to the security of a free state . . ." And that straightforward language makes it clear that people may keep and bear arms, in the context of a well regulated militia. So, although the tradition of law in this nation allows people to buy pretty much any damned gun they want, they don't have a constitutional right to keep and bear arms except as members of a well regulated militia. The Supreme Court recognized this when, in the only directly reviewed Second Amendment case,
United States versus Miller, 1939, the majority opinion noted:
Quote:In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.
The Court then indicated that only military types of weapons are protected by the constitution.
What George Washington did or did not comment on the subject, and the fact that he presided at the constitutional convention, does not have any bearing on the Second Amendment. As i already pointed out (must not have sunk in, huh?), it is
an amendment to the constitution, it amended what was produced by the constitutional convention--it was not produced by the constitutional convention. I'd be interested to know what your source is for the Washington quote by the way--is it something anyone can check, or just an allegation you found at a gun lobby site?