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The US Supreme court has decided that the " individual right to keep and bear arms shall not be infringed " is Primary and militia is a secondary consideration.
So its settled as far as legal interpretations are concerned. Of course your free to argue otherwise. But your wrong.
The US Supreme Court on Monday extended the constitutional protection of the Second Amendment’s right to keep and bear arms to every jurisdiction in the nation.
The 5-to-4 decision means that in addition to the federal government, state and local governments must comply with the high court’s 2008 landmark ruling recognizing an individual right to possess handguns in the home for self defense.
http://www.loc.gov/law/help/second-amendment.php
So its settled as far as legal interpretations are concerned. Of course your free to argue otherwise. But your wrong.
The US Supreme Court on Monday extended the constitutional protection of the Second Amendment’s right to keep and bear arms to every jurisdiction in the nation.
In Pictures The debate over gun rights
The 5-to-4 decision means that in addition to the federal government, state and local governments must comply with the high court’s 2008 landmark ruling recognizing an individual right to possess handguns in the home for self defense.
http://www.loc.gov/law/help/second-amendment.php
In the majority opinion authored by Justice Antonin Scalia, the Court first conducted a textual analysis of the operative clause, "the right of the people to keep and bear Arms, shall not be infringed." The Court found that this language guarantees an individual right to possess and carry weapons. The Court examined historical evidence that it found consistent with its textual analysis. The Court then considered the Second Amendment’s prefatory clause, "[a] well regulated Militia, being necessary to the security of a free State," and determined that while this clause announces a purpose for recognizing an individual right to keep and bear arms, it does not limit the operative clause. The Court found that analogous contemporaneous provisions in state constitutions, the Second Amendment’s drafting history, and post-ratification interpretations were consistent with its interpretation of the amendment. The Court asserted that its prior precedent was not inconsistent with its interpretation.
The Court stated that the right to keep and bear arms is subject to regulation, such as concealed weapons prohibitions, limits on the rights of felons and the mentally ill, laws forbidding the carrying of weapons in certain locations, laws imposing conditions on commercial sales, and prohibitions on the carrying of dangerous and unusual weapons. It stated that this was not an exhaustive list of the regulatory measures that would be presumptively permissible under the Second Amendment.
The Court found that the D.C. ban on handgun possession violated the Second Amendment right because it prohibited an entire class of arms favored for the lawful purpose of self-defense in the home. It similarly found that the requirement that lawful firearms be disassembled or bound by a trigger lock made it impossible for citizens to effectively use arms for the core lawful purpose of self-defense, and therefore violated the Second Amendment right. The Court said it was unnecessary to address the constitutionality of the D.C. licensing requirement.
I had linked many times the findings on the law by SCOTUS so didn't think I needed to do it again when I made the above factual post.In the USA it is a Right and not a privilege to keep and bear arms .
So the argument is not about regulate or ban .
Its. " when does the regulation infringe " and is it reasonable?
You can't by law restrict the ability to purchase a firearm here.
Ownership is a right . So we start with this and somehow must use logic and reason to regulate firearms without infringing on lawful use and ownership.
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