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Thursday, November 9, 2017

Did I just disprove that old 2nd Amendment NRA talking point?

"This is Merica!"

"You want to know what gives me the right to stockpile a ton of weapons, thousands of bullets, bump stocks, laser sights etc?"

"The Damn 2nd Amendment boy! That's what gives me the right. The right of the people to bear arms shall not be infringed. Damn it! That right there means I can have any Damned weapon I want."
Do you have anything bigger?

That's not the actual entire second amendment though is it?

Amendment II - 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.


"Boy, when they are talking about militias they are saying we might have to rise up against the gubment! Damn it Boy, don't you know anything?"
Im'a here to protect you from tyranny.

It's a talking point we have had to hear literally thousands of times. The notion that one of the reasons the right wing of this country thinks it has the right to carry around any damn firearm they want. They think the constitution lets them and this view has been propagated by the NRA and weapon manufacturers until it has become literally ingrained in the heads of a majority of people in this country. Not just the right wing either. A lot of liberals accept this as truth even as they decry the results.

Let's first realize what the militia was. It wasn't a ragtag group of partisan volunteers and anti-government types. It wasn't there to protect the people from the government. In fact, membership was required by the government.  All able-bodied men between the ages of 18 and 45 were considered to be in the militia. The articles of Confederation written in 1777 proclaim it the duty of each state to keep and arm a militia. (The Declaration of Independence wasn't ratified until 1787-1788)
Article 1, Section 10, Clause 3: Articles of Confederation, arts. 6, 9 Article VI. No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
This is a state-controlled and financed militia, and it included everyone.

The Militia act of 1772: Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act.

Every able-bodied person was in this militia. So it makes perfect sense in that context that you couldn't infringe upon their right to bear arms. Doing so would weaken the militia.

So wait, how do we know that the Militia wasn't there to protect the people from the Government? These Founding Fathers were some pretty smart guys. Maybe they were envisioning a time when Billy Bob and his AR-15 would have to go toe to toe with a Huey attack helicopter. I bet that's it... I bet the right wing is at least correct about that part. Right?


Not so much...

Article 8 clearly states that the purpose of a militia is "to execute the Laws of the Union, suppress Insurrections and repel Invasions;”

So... everyone was in the Militia, the states were individually responsible for keeping them armed and well regulated, and they were there to execute the Laws of the Union, suppress Insurrection and repel invasion.

Not exactly what the NRA wants you to believe. 
If you're smart you'd pee your pants and run when you see this coming.