For the record, I believe hunters and adults should have the ability to own some types of guns. What I’m not blind to is that the NRA wants people to think that the 2nd Amendment was written to protect their rights.
The Amendment is only 27 words: “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.” While the NRA emphasizes only the last 14 words, the U.S. Supreme Court and appeals courts have focused on “well-regulated militia” and “security of a free State” to rule that Second Amendment rights are reserved to states and their militias – nowadays, the National Guards.
The truth is — and one would hardly know it from the mass media — that since the Supreme Court’s unanimous Miller decision in 1939, all federal appeals courts, whether dominated by liberals or conservatives, have agreed that the Second Amendment does not confer gun rights on individuals. The NRA view, opposed even by such right-wing judges as Robert Bork, has been consistently rejected.
I want sensible gun law.
- require background checks on all gun purchasers;
- license firearm owners;
- register all firearms;
- regulate firearms dealers and ammunition sellers;
- require the reporting of lost or stolen firearms;
- impose a waiting period before the sale of a firearm;
- limit firearm purchases to one per person every 90 days
Classes of Weapons
Assault Weapons and Large Capacity Ammunition Magazines
This updated model law, published in December 2012, bans assault weapons and large capacity ammunition magazines using an approach that is stronger and more comprehensive than the former federal ban.
- Sales and Transfers
- Universal Background Checks
- Requires background checks on all prospective firearm purchasers, closing a loophole in federal law that allows private firearm sellers (i.e., unlicensed persons) to sell guns without conducting background checks.
Gun Dealers and Other Sellers
Regulating Gun Dealers
Supplements federal law by requiring, among other things, that dealers obtain a local permit, conduct employee background checks and obtain liability insurance. Also prohibits dealers from operating in residential neighborhoods and near other “sensitive” areas, such as schools, playgrounds and places of worship.
The Gun Owners’ Safety and Responsibility Ordinance
Requires any person seeking to own, possess, purchase or otherwise acquire a firearm to obtain a firearm safety certificate, which obligates the applicant to successfully complete a safety training course that includes live firing, a safe-handling demonstration and a written test of firearm laws. Firearm owners also must register their firearms and notify law enforcement when their weapons are lost or stolen. In addition, the model requires that gun owners safely store their firearms in the home to prevent access by children and other unauthorized users.
Reporting of Lost or Stolen Firearms
Requires any firearm owner or possessor to report the loss or theft of his or her firearm to law enforcement within 48 hours of the time he or she knew or reasonably should have known of the loss or theft.
Firearms in Public Places
Regulating the Carrying and Possession of Firearms in Public Places
Establishes rules for the issuance of permits to carry concealed firearms in public and prohibitions for carrying guns in public under certain circumstances. This model legislation prohibits the carrying of exposed firearms, and limits the carrying of concealed guns to persons issued a permit pursuant to a detailed, discretionary permitting process.
Until 1990, there had not been an earlier federal Supreme Court cases individual rights to bear arms. It’s always based on a collective right not and individual right.
In June of 1788, 4 remaining states didn’t want to ratify the Constitution of the United States based on the 2nd Amendment. Arguing for the Federalist was James Madison and for the anti-federalist was George Mason and Patrick Henry. One point had to do with the militia of universal or select. The founders decided to leave it up to Congress.
The militia was discredited in the Revolutionary War. Washington wanted a professional army. The second part was that Virginia was 44% black, slaves. The southern states were afraid of slave revolt and that if the Militia was called up by the Federal government they would leave the state and unable to defend it’s against a revolt from the slaves. The anti-Federalist raised the following. That the Constitution does not give the federal government to eliminate slavery, but it did give Congress the exclusive power to arm the Militia. The states only get to call up the militia if their is an invasion. Congress gets to call up the Militia for an insurrection.
“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.”
The Second Amendment had roots in protecting states from losing a militia to protect itself against a revolt of slaves not individual rights to form a militia to arm themselves against government. The problem is that modern day interpretation is deciding on what is legal. For example, you can’t carry a gun into government but can be a terrorist and buy one. You can carry a concealed weapon in some states but not others. You can own a machine gun but you can own a semi-automatic. There is no way anyone can claim that the second amendment gave individuals the right to bear arms. They can say it gave the states to.