“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.” —- That is the entire second amendment. However, it does not stand alone. It is clearly limited by:
Article I, Section 8, (Congress shall have the Power…)
(Paragraph 15) …To provide for calling forth the Militia to execute the Laws of the Union, suppress the Insurrections and repel Invasions. (Paragraph 16) …To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the service of the United States, reserving to the States respectively, the Appointment of the Officers and the Authority of training the Militia according to the discipline prescribed by Congress
Thus, there is no individual carte blanche to carry and use any or all arms as a personal right.
Oxford defines Militia as:
-military force that raises from the civil population to supplement a regular army in an emergency.
-all able-bodied civilians eligible by law for military service.
–military force that engages in rebel or terrorist activities in opposition to a regular army.
Careful reading of the Constitution reveals that the current military of the USA already contradicts the original text regarding the army and navy. We now have a standing military, which has expanded to the Marines, Air Force, Coast Guard, Special Forces, and the National Guard, which supplants the Militia. The only militias today are private and pose more threats than protections.
In 1791, the fastest rifle, when used by an expert, could only get three shots off in one minute, and it could only be roughly accurate within 50 yards. The founding fathers could not possibly have conceived of an AR-15, or current military weapons, machine guns, bombs, nuclear missiles and massive armies that have developed over the last 200 years, nor development of electronics, aircraft, and spyware. .
Thus, we must wake-up and amend or eliminate the second amendment as it currently stands. It is being misrepresented by ill-informed or radical gun rights organizations. In this day and time, there is no “Well regulated Militia” as stipulated in Article I, Section 8. It no longer exists.
Private militias in the USA have more than doubled since 2008. Most militias are sharply right-wing. Many are anti-government, conspiracy believers, ex-military, or military “wanna-be’s.” Many are looking to be heroes protecting the USA from invasions of immigrants, people of color, or to protect “we the people” from government officials, or individuals not supporting their specific views.
“We the people” are in grave danger from these self-appointed militias. The Congress of the United States has a Constitutional duty to protect the people from hate groups and self-declared rights, being espoused primarily by white supremacists, and poorly educated or angry souls.
The second amendment is more than a political discussion; it concerns the dangers of domestic terrorism. “Arms” need to be clearly defined. Guns are essential to some jobs, hunting, self-protection in areas with predator animals, or criminals. Guns and automatic weapons in the hands of the wrong people are dangerous. The manufacturer, seller, and purchaser of these weapons must be held liable for misuse or unregistered sales or transfer of these weapons. Wise regulations and registration will save many innocent lives. No private individual needs weapons of war, nor any gun with more than a five-bullet clip.
M. Chandler McLay © August 23, 2019
Wake-up! Read the Constitution! Vote!