The 2nd Amendment of the United States Constitution within the Bill of Rights
"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"
Music To Read By
https://www.youtube.com/watch?v=BJepYzH1VUY
Interpretation by "Dear Old Dixie of The Commonwealth Of Virginia" Posted Oct 16th 2018 upon the message forum Fairfax Underground. These are my words in writing and not those of any other person however many of my thoughts are shared in full by many Americans and may be stated exactly as I have written here
The term arm can be many types of arms including firearms as the founders understood the term , a sword is a arm, in their day and age and still is today
My interpretation starts with the first part of the 2nd amendment
"A well regulated militia being necessary to the security of a free state"
1. The militia was when the 2nd amendment was written and is today the body of the people of the United States, not any National Guard as it did not exist.
.As such the militia are the people
2. People of moral character that were not criminals were members of the militia , criminals that had not received pardons were not members of the militia , criminals that had received pardons were members of the militia
3. The people will obey the lawful orders of the federal government executive and of state governors of states of the union if they are called out in an emergency to serve as a organized militia with officers assigned by the executive or governors as needed against an enemy or a mob of lawless people
4. The peoples right to bear arms may be regulated by laws passed by the congress by veto override or signature of the executive
5. The people must be able to protect and defend the Constitution and rule of law as necessary in emergencies
6. The people must be able to protect their lives, their families lives, the people of their settlement, there town or city or county, their state, the nation as necessary in emergencies from threats from criminals or mobs or invaders of a foreign nation or from those who attempt to overthrow the government and not uphold the Constitution in acts of sedition
The easy part to interpret is the last part of the 2nd
"The right of the people to keep and bear arms shall not be infringed"
1. The people have an individual right to bear arms in their homes or upon their person
2. The people must be able to train and use their arms in practice to become proficient in the use of the arms
3. Congress has the power to regulate by law the peoples right to bear arms, but it shall not create laws that infringe on the rights of the people to bear arms
Thus congress shall not pass laws that are not reasonable such as complete bans on firearms or ammunition magazines, with out regulating such arms or magazines,nor shall congress pass any laws that create an unbalance of the powers of the federal government with relation to the Constitution and the rights of the people within the Bill of Rights such as an "assault firearms ban " "high capacity magazine bans" ["assault firearms" or "high capacity magazines" allowed for the military and the police and not allowed for the people to bear]
4. Congress may pass laws that prohibit bearing arms within certain zones, such as in protests, in the courts, in congress itself where emotions are inflamed and arms may be used in the heat of emotion for criminal attack
Or in airports or other public transportation systems where a person with possession of a arm can cause massive loss of life
Prohibiting arms possession except by law enforcement in these two examples are a very limited and temporary ban on the right to bear arms and thus not a infringement. A nationwide ban of the right to bear`arms by the people without regulation is an unconstitutional infringement
5. Laws that require excessive taxes or costs that raise the cost of arms and ammunition are infringement or any unreasonably delays in obtaining arms are an infringement
6. Laws such as a requirement to buy insurance to bear arms or ammunition are an infringement
7. Laws to allow lawsuits by persons injured or killed by arms are an infringement unless such harm resulted for a arm that failed to properly operate and has manufacturing defect
8. Any laws that create excessive taxes or fees to obtain or possess arms or ammunition are an infringement
9. Any laws that ban materials used in the manufacture of a arm or ammunition are an infringement, [use of steel shot is a game law, lead shot is available and thus steel shot using in a shot gun for hunting game is not a infringement]
10. The people have a right to carry arms concealed with a permit to insure the people are lawful to posses a arm
Shall issue concealed permits are not infringement
May issue concealed permits are infringement
11. Shall issue Permits to purchase arms as well as waiting periods that are not excessive are not infringement to insure the people are lawful
12. Background checks to purchase or obtain arms are not infringement if they are processed without unreasonably delay or cost
13. Laws that require all arms to be transferred [bought, traded, gifted, won] thru a federal licensed firearms dealer in person are not an infringement
14. Arms may be prohibited to be on the person of the people in many other examples and such laws are not an infringement and arms may be carried by law enforcement or the military where emotions are inflamed in certain government buildings, public forums of free speech, protests , riots [where law enforcement is able to control such rioters and are the authority , where the militia is not called to act by the proper authority to control such rioters or deputized as law enforcement to provide assistance] and in places where security must be maintained such as jails or prisons or military bases or other government facilities, or in businesses where the private owners of the business object to the public being armed in their place of business, as these are limited time periods when the people are within these areas thus that is why it is not infringement
15. Many examples of infringement too numerous to contain here in my interpretation exist
16. Any laws that require a chief law enforcement officer to act on any form to obtain any arm must be processed by the officer and acted upon, to refuse to act is infringement (class III firearms statement required by a chief law enforcement officer where the purchaser of the firearm lives or any other form required to obtain a firearm )
17. Any laws that discriminate for reasons or race , religion, nationality, gender, or sexual preference are infringement
Edited 8 time(s). Last edit at 10/17/2018 01:49AM by Dixie.