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? What part of well-regulated militia do you not understand? The Second Amendment strictly applies to the right of the people to form a militia, not bandy about carrying assault weapons.
Me:
Average gun control advocate:
First off, the Second Amendment was added, along with the other Amendments in the Bill of Rights, after the Constitution was drafted at much contested debate because most of the rights outlined therein were considered to be inherent already. This includes the natural inalienable right to own and bear arms personally or to form a militia. Many of the Framers did not believe it was necessary nor even possible to list every right that was to be protected and guaranteed. Not to mention, by outlining specific rights, it could be misconstrued later on by those in the government that rights not listed could be infringed upon. Most of this was resolved in the Ninth Amendment however. The biggest contentions by delegates from each of the states were regarding individual and state rights contrary to federal power. The Second Amendment specifically addresses both of these.
So, right off the bat you must concede to one of two beliefs: rights are either inalienable, inherent, and god-given or they are bestowed to you by a person in authority such as a king or your government. The right for individuals to bear arms was a concept enlightened thinkers brought to America. It was a big FU to rulers who long believed they were above the law themselves. Suddenly, some ‘Joe Nobody’ had the same amount of power that a monarch had at his/her finger tips. Subsequently, this is precisely why authoritarian tyrants around the world and throughout history have banned the right of the people to arm themselves. You simply disarm the competition. So, this civil liberty was understood to be granted by any free person to resist oppressive tyranny if need be. If you do not understand this basic concept, then the entire Second Amendment will not make sense to you no matter how much you misinterpret it otherwise.
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.
Now, let’s dissect this a bit, considering the average gun control fan doesn’t know how to read basic sentences properly.
A well regulated militia,
Prior to the Constitution, the States had their own militias. In a state such as South Carolina, every able man, including slaves if need be, were to be armed against indigenous attacks or any skirmishes from competing interests; from countries like France for example. These were not standing armies of the state nor were they some kind of National Guard. In fact, the conscripted Militia Acts that gave authority to the Commander in Chief in times of attack to take control of a state’s militia was not passed until 1792. These militias were comprised by individuals living within their state who’s livelihood had nothing to do with defense. Richard Henry Lee put it best in his descriptions of military forces, “A militia, when properly formed, are in fact the people themselves, and render regular troops in a great measure unnecessary.” That’s important to remember in the overall text.
Also, note that the Founders worried about the concept of an underclass of individuals becoming the grunt force of a rich man’s military. George Mason said at the Virginia Ratifying Convention in 1788, “A worthy member has asked, who are the militia, if they be not the people, of this country, and if we are not to be protected from the fate of the Germans, Prussians, and by our representation? I ask who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor; but may be confined to the lower and middle classes of the people, granting exclusion to the higher classes of the people. If we should ever see that day, the most ignominious punishments and heavy fines may be expected. Under the present government all ranks of people are subject to militia duty.”
Also, in case there is any confusion on the language and use of the word “well regulated;” no, it does not mean to regulate by authority. It simply meant properly functioning as intended.
being necessary to the security of a free state,
This particular portion is in reference to state sovereignty which was one of the most heated points of dispute in the Constitutional Convention. The states wanted to ensure they had the right to secure their own State from the federal government if the need ever arose. Elbridge Gerry contended during the debates on the Second Amendment, “What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. Now, it must be evident, that, under this provision, together with their other powers, Congress could take such measures with respect to a militia, as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins. This was actually done by Great Britain at the commencement of the late revolution.”
So, this language was particularly added to give solace to the States that they could secure their free state by a means of forming a militia of the people of that State. Also, so that there is no confusion regarding state rights, the Second Amendment technically did not intend to be incorporated to supersede individual state’s authority in regards to gun rights either - although, as I have mentioned, the right to own and bear arms was an understood natural right by each of the states anyway.
the right of the people to keep and bear arms,
Now, here’s the part most anti-gunners trip on or tout as some kind of gotcha point. Putting aside all that I’ve explained to you about it being an inalienable right, if you were to interpret the right to bear arms solely on the Second Amendment, the English language easily explains why the right of the people to keep and bear arms is the second subject of the full overall sentence.
Now, let’s take a look at the original inspiration for the Second Amendment from a draft by George Mason for the Virginia Declaration of Rights in 1776:
“That the people have a Right to mass and to bear arms; that a well regulated militia composed of the Body of the people, trained to arms, is the proper natural and safe defense of a free state, that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided.” - George Mason
Not good enough? How about the Pennsylvania Declaration of Rights?
“XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.“
Also the Pennsylvania delegates of the Ratifying Convention also proposed:
“That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military shall be kept under strict subordination to and be governed by the civil power.”
Samuel Adams proposed at the Massachusetts Ratifying Convention much the same:
“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States…” - Samuel Adams
The Framers clearly understood that firstly the free people had the right to mass, which means to assemble into a body. They also had the right to specifically keep and bear arms. After all, how would a body of the people mass together to defend their free state if they were not armed freely?
Oh, and the Founders were also aware of long established common law that gave one the right to self-preservation as well as the 1689 English Bill of Rights which codified, “That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law.”
“And, lastly, to vindicate these rights, when actually violated and attacked, the subjects of England are entitled, in the first place, to the regular administration and free course of justice in the courts of law; next to the right of petitioning the king and parliament for redress of grievances; and, lastly, to the right of having and using arms for self preservation and defense.” - Sir William Blackstone
shall not be infringed.
I believe this needs no explanation. The Framers wanted to make it evidently clear that the newly formed federal government could not break the terms of the rights of the individuals to bear arms nor prevent the states from forming a militia. The Second Amendment explicitly prohibits the encroachment, limitation, and dissolution of these inalienable rights.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.” - William Pitt the Younger
Now, one other point of contention regarding the Second Amendment that I always hear during this debate:
“’Assault weapons’ and ‘weapons of war’ would never have been allowed if the framers only knew what we have today. It only applied to powder muskets!“
What part of arms do you not understand? Arms is short for armaments which is a word for weaponry. The Second Amendment does not exclusively protect the right to own just firearms. Moreover, if the Founders were alive today, they would just as easily transition to the most advanced armaments available…just as they did when the Second Amendment was drafted. I kindly suggest everyone take a look at the historical timeline put together by the folks at AmericanFirearms.org to see the evolution of firearms over the decades and centuries. It illustrates that the Founders were fully aware of technological advances in weaponry and they clearly took advantage of it.
Steven Crowder actually has an excellent video lampooning this silly talking point.
Most people don’t even know that you could own a cannon, a Thompson submachine gun, or even a howitzer if you could afford it. Many private citizens did in fact own them peacefully and you were none the wiser. That’s because the overwhelming majority of gun owners are non-violent citizens.
Of course, progressives put an end to all this like most freedoms enjoyed by Americans in 1934 and 1968. However, despite this, scary looking civilian semi-automatic rifles, like the often misunderstood AR-15, are legal because they do not have an automatic function. These are neither assault weapons nor ‘weapons of war,’ which I assume to mean they are military-grade used in active combat. You are just wrong.
Hopefully this brief lesson will educate a handful of the anti-gun morons out there throwing out false statements to ultimately push their authoritarian agenda of stealing your property and suppressing your liberty for a little ounce of false security while ever forgetting the basic truth that those who wish to do us harm do so outside the laws that are meant to prevent it.
