Dennis Putnam dap1 at MINDSPRING.COM
Wed Aug 27 18:41:52 MDT 1997


At 04:20 PM 8/27/97 +0000, you wrote:
>Careful stating the "fact" that the 2nd amendment guarantees you the right to
>gun ownership.  The second amendment only states that ".... to maintain a
>regulated milita, the right to keep and bear arms shall not be infringed".  I
>honestly think this does not apply to random citizens, but rather to civilian
>milita organizations such as the national guard (key phrase: well regulated).
>I really would hate to see this issue make it to the Supreme Court to be
>tested as to whether this applies to Joe Q. Public as I think that may be
>ruled not protected!

I would love to see that make it to the Supreme Court, the NRA has been
trying for years. They hoped Brady would do it but alas the SC ruled it
unconstitutional on 10th amendment grounds instead of 2nd. Your fears are
unfounded and your interpritation is wrong according to every lagitamate
English scholar that has ever analyze the 2nd. If you read it carefully you
should recognize (OBE victims will not be able to see it) that the militia
segment is a dependent clause and as such cannot modify the independent
clause protecting RKBA. Second, everywhere else in the Consitution the
phrase, "right of the people," is interprited to mean an individual right.
Why do you think this means a collective right only in the 2nd? Third, you
should also notice that the 2nd does not grant the RKBA. Indeed it implies
that that right is a given and its wording is to prevent the government from
infringing on that right. Finally, if the rules of English are not
sufficient or the inconsistancy your interpritation imposes on the
Constitution, read the Federalist Papers. The founders were very clear about
what the 2nd was for and how it is to be interprited. Unfortunatly, the
study of the Constitution and English has been expelled from schools, along
with God, so it is easy to see why so few American truly understand the 2nd.


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Dennis Putnam                   Public Key can be obtained from:
Loganville, Ga.                 <>

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