Tennessee Reps. Justin Pearson and Justin Jones have reclaimed their legislative seats after they were expelled for involvement in a gun control protest on the House floor.
True but cars also have more laws and rules. Seems the matter of enforcement could be an issue. Driving on public roads allows law enforcement to check if you comply. How are laws enforced for guns once in the hands of private individuals? Or perhaps there are no laws and rules from that point onwards? I honestly do not know. But I can see huge issues to enforce rules and laws if this has to be checked on the regular on private property. Perhaps some laws and rules where you, the private individual, have to come to some checkpoint? Depends on what laws and rules of course and again, I have no clue yet on this. Seems guns slip through the cracks once bought.
But as uninformed as I am, it’s the militia part of the 2nd that could be an opening to get some regulations in place? If the 2nd can be read that, sure have guns but you have to be in a wel regulated militia to own them and storage is at designated places which can be checked for compliancy. Means no guns at home of course but the main point, you can own a gun and also be part of a militia, as noted in the 2nd, would be in place and should satisfy people?
Well, lets have the flood of posts telling me I don’t understand the 2nd properly and people could be very right about that one 😀
Law enforcement only gets to check that you comply with driving laws and regulations if you break them in front of them. They don’t just get to pull people over randomly and run checks on them because they feel like it because of the 4th amendment. There is also the difference between a privilege like driving, and a constitutional right. No other right requires that you allow law enforcement to keep tabs on you or your property. No one should live in a police state like that
As to your understanding of the 2nd, the “well regulated” part means operating smoothly and in good order. It’s fallen out of every day parlance, but a well regulated clock or well regulated engine used to be in more common parlance and still is used in the military I believe. So a plain English reading would be “A fully functional and well operating militia, being necessary to the security of a free state, the rights of the people to keep and bear arms shall not be infringed.” This is backed up by the Militia Act passed 2 years following the ratification, that confirmed that to join a militia require the militia member to provide their own arms and minimum starting ammunition. Without an individual right to keep and bear arms, that would make it hard to form said militia.
Thanks for the reply. I’m clearly out of my depth on this one and struggle to make sense of it all. I’m not American so this all is so strange to me.
Personally I would say the constitution should not be so fixed in time as times and needs change. This would allow the 2nd to be adapted to modern times and needs.
But as I am not American I have 0 say in this and will step aside.
Sure, I agree with that as well. We have a process to amend the constitution, it just requires 75% of Congress and the State legislators to agree instead of a simple majority to change it so it is a stable source of law. If it could be changed every 4-8 years as power changes, it would wreck havoc across all levels of society.
True but cars also have more laws and rules. Seems the matter of enforcement could be an issue. Driving on public roads allows law enforcement to check if you comply. How are laws enforced for guns once in the hands of private individuals? Or perhaps there are no laws and rules from that point onwards? I honestly do not know. But I can see huge issues to enforce rules and laws if this has to be checked on the regular on private property. Perhaps some laws and rules where you, the private individual, have to come to some checkpoint? Depends on what laws and rules of course and again, I have no clue yet on this. Seems guns slip through the cracks once bought.
But as uninformed as I am, it’s the militia part of the 2nd that could be an opening to get some regulations in place? If the 2nd can be read that, sure have guns but you have to be in a wel regulated militia to own them and storage is at designated places which can be checked for compliancy. Means no guns at home of course but the main point, you can own a gun and also be part of a militia, as noted in the 2nd, would be in place and should satisfy people?
Well, lets have the flood of posts telling me I don’t understand the 2nd properly and people could be very right about that one 😀
Law enforcement only gets to check that you comply with driving laws and regulations if you break them in front of them. They don’t just get to pull people over randomly and run checks on them because they feel like it because of the 4th amendment. There is also the difference between a privilege like driving, and a constitutional right. No other right requires that you allow law enforcement to keep tabs on you or your property. No one should live in a police state like that
As to your understanding of the 2nd, the “well regulated” part means operating smoothly and in good order. It’s fallen out of every day parlance, but a well regulated clock or well regulated engine used to be in more common parlance and still is used in the military I believe. So a plain English reading would be “A fully functional and well operating militia, being necessary to the security of a free state, the rights of the people to keep and bear arms shall not be infringed.” This is backed up by the Militia Act passed 2 years following the ratification, that confirmed that to join a militia require the militia member to provide their own arms and minimum starting ammunition. Without an individual right to keep and bear arms, that would make it hard to form said militia.
Thanks for the reply. I’m clearly out of my depth on this one and struggle to make sense of it all. I’m not American so this all is so strange to me.
Personally I would say the constitution should not be so fixed in time as times and needs change. This would allow the 2nd to be adapted to modern times and needs.
But as I am not American I have 0 say in this and will step aside.
Sure, I agree with that as well. We have a process to amend the constitution, it just requires 75% of Congress and the State legislators to agree instead of a simple majority to change it so it is a stable source of law. If it could be changed every 4-8 years as power changes, it would wreck havoc across all levels of society.