FW: 2nd Amendment Meaning and Intent

John Michael johnv at BOOKTABLE.COM
Fri Aug 29 00:27:51 MDT 1997


----------
From:   Stephen A. Frye
Sent:   Thursday, August 28, 1997 8:47 PM
To:     RUSHTALK at athena.csdco.com
Subject:        Re: 2nd Amendment Meaning and Intent

>>"...............
>>The SEcond Amendment right to keep and bear arms therefore, is a right
>>of the individual citizen to privately possess and carry in a peaceful
>>manner firearms and similar arms. Such an "individual rights"
>>interpretation is in
>>full accord with the history of the right to keep and bear arms as >>previously
>>discussed.
>>...........
>>
>>The conclusion is thus inescapable that the history, concept, and
>>wording of the Second amendment to the Constitution of the United
>>States, as well as its interpretation by every major commentator and
>>court in the first half-century after its ratification, indicates that what
>>is protected is an individual right of a private citizen to own and carry
>>firearms in a peaceful manner."
>>
>>JOHN V.



>This is an extremely interesting post.  However - it seems more to be a
>definition of militia.  This, to me, does indeed shed light on the @nd.
>Thank you.
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You're welcome.
Yes, the above excerpt does address the militia.  But, as the Report's
conclusion reads, "The conclusion is thus inescapable.....etc.

It was not possible to excerpt in any reasonable manner the 168 pages
of the report which led to the Subcommittee's conclusion that the
2nd guarantees an individual right.

The report, in its 168-page entirety, is a very enlightening document,
and it, with the cases referenced earlier by Mr. Putnam, would seem
to present a srong case for the "individual right" interpretation.........an
interpretation grudgingly drawn [in overwhelming numbers] by even
otherwise liberal legal scholars.{Which is probably the reason why
assaults on the 2nd come tangentially and not frontally}.

john v



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