View Poll Results: Are restrictions on the purchase/sale of firearms constitutional?

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    31 37.80%
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    43 52.44%
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Thread: 2nd amendment rights.

  1. #1
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    2nd amendment rights.

    Here is the text of the 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.
    Going strictly by what is written, restrictions on the purchase of firearms seem to be constitutional. Agree or disagree?

    Note that I'm not asking whether they are a good idea or not, that's a separate debate. I'm only asking whether they are constitutional.
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    Re: 2nd amendment rights.

    Going by what is written, it says nothing about obtaining arms, just keeping and bearing them, so to make it harder to obtain arms, strictly by what is written, is not against the constitution.
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    Re: 2nd amendment rights.

    Yes, in my opinion there can be restrictions.

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    Re: 2nd amendment rights.

    If you want to go by a strict reading, it reads "arms" not guns. Technically if a you have a big stick, you are armed.

    This is why strict readings can be somewhat useless in constitutional interpretation.

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    Re: 2nd amendment rights.

    Quote Originally Posted by megaprogman View Post
    If you want to go by a strict reading, it reads "arms" not guns. Technically if a you have a big stick, you are armed.

    This is why strict readings can be somewhat useless in constitutional interpretation.
    It could also mean weapons grade plutonium. Which, I think we can all agree on, shouldn't be made publicly available.

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    Re: 2nd amendment rights.

    Small arms are man portable firearms, revolvers, pistols, submachine guns, carbines, assault rifles, battle rifles, multiple barrel firearms, sniper rifles, squad automatic weapons, machine guns etc.

    Except for taxing sales, no restrictions should stop a legal US citizen of sound mind from buying one of these weapons.
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    Re: 2nd amendment rights.

    Quote Originally Posted by Blackdog View Post
    Except for taxing sales, no restrictions should stop a legal US citizen of sound mind from buying one of these weapons.
    Determining if somebody is a legal US citizen and determining if somebody is of sound mind are two huge restrictions. What else do you want, Nancy Pelosi, a five day waiting period?

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    Re: 2nd amendment rights.

    Quote Originally Posted by Guy Incognito View Post
    Determining if somebody is a legal US citizen and determining if somebody is of sound mind are two huge restrictions. What else do you want, Nancy Pelosi, a five day waiting period?
    ID and a criminal background search etc are not restrictions and are not restricting your rights to own a weapon. They are just checks to make certain you are a responsible individual.

    Get a clue, we live in a society with many individuals so some safety checks (not restrictions) are valid and completely constitutional.
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    Re: 2nd amendment rights.

    Quote Originally Posted by Blackdog View Post
    Small arms are man portable firearms, revolvers, pistols, submachine guns, carbines, assault rifles, battle rifles, multiple barrel firearms, sniper rifles, squad automatic weapons, machine guns etc.

    Except for taxing sales, no restrictions should stop a legal US citizen of sound mind from buying one of these weapons.
    As I specifically pointed out in the OP, that's not the question I'm asking.

    Is it or is it not constitutional to restrict the sale/purchase of firearms?
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    Re: 2nd amendment rights.

    I'll sum up at the end of the post, but I prefer to let my "crew" sing the opening verse....


    George Mason: "I ask you sir, who are the militia? They consist now of the whole people." (Elliott,
    Debates, 425-426)

    Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves...and
    include all men capable of bearing arms." (Additional letters from the Federal Farmer, at 169, 1788)

    Alexander Hamilton: "...that standing army can never be formidable (threatening) to the liberties
    of the people, while there is a large body of citizens, little if at all inferior to them in the use of arms." (Federalist Paper #29)
    I have pages and pages of Founder comments on the 2A.

    To sum up:
    All American citizens are members of the "unorganized militia".
    The Founders, those who wrote the Constitution, clearly intended the militia, that is the people, to be as well armed as the "Standing army".
    Therefore it is not Constitutional to restrict the citizenry from owning/possessing/carrying anything that a US military Infantryman might carry as a personal weapon.

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