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Are Gun Control Laws Legal In The United States?
The Constitution of the United States - 2nd 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 language is emphatic, crystal clear, and concise. No interpretation is needed. The people of the United States have the right to keep and carry a weapon(s). The use of the word "bear" means "to hold or support while moving". This is the law and has never been changed or amended.
The Constitution of the United States - Article 1 Section 8
Regarding the "Militia" clause of the 2nd Amendment:
"The Congress shall have power... To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."
We have to ask ourselves what is a Militia? The answer is simple. "Civilians trained as solders who are not part of the Armed Forces".
This is an extremely important law.
- The Congress must provide, organize, discipline, and arm the Militia. The use of the terms "shall have the power" is emphatic meaning "demand" or "assertion". It is not an option.
- Each State will have its own Militia, appoint officers, and perform training under the direction of Congress.
- Part of the Militia may be employed and paid by the Federal Government. That part of the Militia employed by the Federal Government may be governed by the Congress.
- The Congress (nor the States) can not govern the Civilian membership of the Militia.
It's The Law
The people of the United States are empowered by law to own and carry arms if they wish. This is not a privilege - it is a right. Furthermore, as part of the Militia, you would receive arms and training as a solder would. In other words, you would get a free gun.
For the record, the Militia in the United States is now the National Guard. However the National Guard is an extension of the Armed Forces and is under military command. Therefore it is not a Militia - technically or otherwise.
The United States currently has no Militia. It was abandoned long ago.
The Militia is a "We The People" army further empowering the people. Our Founding Fathers purposely provided a Militia as a security force and a common defense against out of control government, military coup, and domestic or foreign attacks.
History Proves The Law Right.
The Wild West was not so wild. In fact it was pretty boring and dull compared to the Hollywood silver screen and dime store novelists who invented history. The West had hard working people leading hard lives looking for a break or a new life while providing for their families.
In the beginning, government had very little control in the west. Guns were common in the old west as they were in colonial times. It was a basic assumption that everyone had a gun whether they did or not. Most people carried their guns only when they needed to. Some towns required the surrender of weapons when entering. Those who would be criminals were disarmed along with law abiding citizens. This may have been illegal but it was fair. Today criminals have easy access to the guns they want.
An armed citizenry kept serious crime in check. Murders and gun related accidents were far and few in between. Sheriffs spent their time chasing down misdemeanors, drunkenness, vice, and feuds between cattle ranchers and sheep herders. Criminals did not live in the cities and towns for fear of being shot in the back. They lived on the outskirts of towns in the mountains. The stories of Billy the Kid and other killers were greatly exaggerated. Only three people died in the famous Gunfight at the OK Corral. This is menial when compared to the mass murders of today - Columbine, Virginia Tech... need I say more?
All across America you will find small communities with high gun ownership. These are peaceful places with seriously low crimes rates. Criminals avoid these areas because they know the residents will not be victimized.
What About Gun Laws?
The Constitution is emphatic and direct about the peoples right to own guns. The only way to change the law is to have a Constitutional Convention. As it stands, current gun laws (at all levels of government) are in direct opposition to the Constitution.
By law, government is not empowered to prevent anyone from owning and carrying a weapon, require licensing, or tracking those who own weapons.
Gun laws only punish and deter law abiding citizens who obey the laws. Criminals could care less since they will not honor any laws. Gun laws create a black market where criminals easily get all the guns they want.
The Supreme Court should not be wasting taxpayer money interpreting clear and concise written English. This is idiotic lunacy. Arguments over whether gun ownership are an individual right or collective right are nonsense. The truth is that the Constitution is the law and is written in plain English.
The Supreme Court (nor any other court) is not empowered to set or sway policy. They are empowered to hear criminal and civil cases and pass judgment without bias according to the script of the law.
It is all too evident in our current society that the issue of gun control has been convoluted into a political war of egotistical power, control, and self gain. The law has been ignored at all levels of government. Politicians and Judges have broken their oath to uphold and defend the Constitution of the United States of America.
Pro gun groups have asserted their rights to bear arms. According to our current and unchanged law, they are justified. Unfortunately, they will have to continue their efforts despite the fact that they are well within the law.
Pro gun control groups have been barking up the wrong tree for years. Many are angry because nothing has been accomplished. Clamoring for knotty laws and clouding the Constitution at every level of government. The reality here is that there is no instant satisfaction. The only law abiding method is a Constitutional Convention to change or modify the law.
The bottom line is that our current system gives criminals easier access to weaponry than law abiding citizens do. This creates an enhanced playing field for those who would murder, rob, and organize crime.
The Last Word
It is a terrible state of affairs. Should you try to exercise your right to own and carry a gun, you will be prosecuted as a criminal. Yet politicians are not held responsible for distorting the law.
Ultimately this our ("We The People") fault. We have not kept on top of our government. Special interest is way ahead of us. We have not exercised our Constitutional Rights holding government responsible to us. We have ignored our own personal responsibility.
The reality is that people will be people. Some will be good, some will be bad. History proves this over and over as does current society. This is simple to recognize and understand. Fortunately, there are more good people.
I am willing to bet the house that if the good people on those planes of 9/11 were armed, that tragedy would never have occurred. Why? Because the playing field would have been level. The good guys would have out numbered the bad guys.
However gun control plays out we must do it legally and make sure the good guys have the advantage. We owe to ourselves, our communities, and our country. Right now - it's just not working.