Tuesday, March 28, 2023

Amending The Second Amendment

"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."

The Second Amendment, Amendment to the Constitution of the United States, adopted in 1791 as part of the Bill of Rights, provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia. (That was 15 years after America declared independence in 1776.

The NRA's interpretation:

"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."

Analysis: Ratified was The Second Amendment, and twenty-one years later, the War of 1812 with Britain broke. That meant the nation needed a militia in anticipation of foreign threats. Also recognized was the need for protecting citizens that exceeded local and state law enforcement capacity. 

Armed with guns were citizens for two reasons: 1) to put meat on the table and 2) for self-protection.

Two-hundred thirty-two years later:

1) The nation has a military to protect against foreign enemies that the States National Guard augments.

2) Local and state governments have police forces to protect citizens. 

3) The nation has Homeland Security to secure and safeguard citizens.

Diminished is the need for individuals to bear weapons (guns) as substituted by institutions created to serve the purpose. 

Breached is where citizens bearing arms is more dangerous to society than being without them.

The Second Amendment Amended:

The Federal Government Departments of Defense and Homeland Security secure America against enemies, foreign and domestic. States augment the capability with National Guard Militias, State Patrols, and Local Law Enforcement. The Citizens' right to gun ownership is denied, though they may access them from authorized agencies that are regulated for recreational purposes.






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