Author Topic: The Second Amendment does not give us the right to bear arms  (Read 823 times)

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Offline endicom

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The Second Amendment does not give us the right to bear arms
« on: February 25, 2018, 11:30:58 pm »
American Thinker
Patrick Jakeway
Feb. 25, 2018

In speaking with many fellow gun-owners, I have come to realize that most people don't know that the Second Amendment does not give us the right to bear arms.  The Second Amendment states that the right to bear arms "shall not be infringed"; it does not confer that right.  The Second Amendment is an admonition to government that it may not take away your right to bear arms, which is inherent.

What, then, is the origin of the right to bear arms?  While our forefathers had inherited rights and liberties as Englishmen, those rights were curtailed and suppressed, which eventually led to the Revolution.  Without the many citizen-soldier militiamen such as the Minutemen, the new United States would not have won the War of Independence.

The Declaration of Independence is thus central to our liberties and our law.  The Constitution was implemented to "secure those rights," not to confer them.

More... https://www.americanthinker.com/blog/2018/02/the_second_amendment_does_not_give_us_the_right_to_bear_arms.html


Offline INVAR

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Re: The Second Amendment does not give us the right to bear arms
« Reply #1 on: February 25, 2018, 11:37:24 pm »
Exactly correct.

The Second Amendment does not confer or grant us our right to keep and bear arms.

That Right comes from God - and is inherent in the fact we live and breathe should we choose to exercise that right.

It is the despots and tyrant wannabes that insist that our "Rights" come from men, government or a piece of parchment, and as such - are not really rights at all - but government-granted privileges that can be *reasonably regulated* at any time, for any reason of their choosing should the winds of changing sentiment blow.

'Shall not be infringed' means legally, government cannot touch our Right to keep and bear arms.

Which showcases just how lawless this government has been permitted to be.
Fart for freedom, fart for liberty and fart proudly.  - Benjamin Franklin

...Obsta principiis—Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people. When the people give way, their deceivers, betrayers and destroyers press upon them so fast that there is no resisting afterwards. The nature of the encroachment upon [the] American constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour." - John Adams, February 6, 1775

Offline Suppressed

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Re: The Second Amendment does not give us the right to bear arms
« Reply #2 on: February 26, 2018, 12:46:38 am »
'Shall not be infringed' means legally, government cannot touch our Right to keep and bear arms.

Which showcases just how lawless this government has been permitted to be.

@INVAR

But it can be limited.

One cannot call up a hospital and impersonate a police officer, despite the Right of Free Speech.  Similarly, one cannot shout "Fire!" in a crowded theater.  There are limits to the rights in the Bill of Rights.

Freedom of the Press doesn't mean there can't be laws against libel.  In fact, some state Constitutions (e.g., Pennsylvania) mention libel explictly, so it was recognized at the time.

Etc.

Unfortunately, some idjits forget (or are willfully ignorant of) that, and think that the right to keep and bear arms is limitless.  And that hurts our cause.
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Offline DB

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Re: The Second Amendment does not give us the right to bear arms
« Reply #3 on: February 26, 2018, 01:03:11 am »
@INVAR

But it can be limited.

One cannot call up a hospital and impersonate a police officer, despite the Right of Free Speech.  Similarly, one cannot shout "Fire!" in a crowded theater.  There are limits to the rights in the Bill of Rights.

Freedom of the Press doesn't mean there can't be laws against libel.  In fact, some state Constitutions (e.g., Pennsylvania) mention libel explictly, so it was recognized at the time.

Etc.

Unfortunately, some idjits forget (or are willfully ignorant of) that, and think that the right to keep and bear arms is limitless.  And that hurts our cause.

All of your examples are misuses of a right. The results of applying a right doing harm to others. We also have laws against misuse of weapons and no one is arguing about getting rid of those laws.

That isn't the same thing as laws banning the weapons that haven't been misused. A BIG difference. It is more like banning speech in a theater because someone might yell fire.

Offline roamer_1

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Re: The Second Amendment does not give us the right to bear arms
« Reply #4 on: February 26, 2018, 01:16:40 am »
@INVAR

But it can be limited.

@Suppressed

YES. By due process or just cause - The only two means by which the government can take any right away from you.

Offline INVAR

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Re: The Second Amendment does not give us the right to bear arms
« Reply #5 on: February 26, 2018, 02:26:01 am »
@INVAR

But it can be limited.

Only if you want to reclassify a Right into a Government-granted privilege.  And, as history teaches - once Government is granted power to regulate one surrendered aspect of Rights, it very quickly comes to claim the rest, almost always in the name of public and state safety.


One cannot call up a hospital and impersonate a police officer, despite the Right of Free Speech. 

Impersonating someone else is not an aspect of freedom of speech. TALKING about police officers, condemning them, ridiculing them, praising them, demanding they be fired or rewarded - THAT is free speech.  Dressing up as a cop to convince others you have law enforcement authority is a crime.  Not a free speech issue at all.  Bad analogy.

Similarly, one cannot shout "Fire!" in a crowded theater. 

Shouting a false alarm in order to incite a panic to cause mayhem and injury is not an issue of freedom of speech, especially political speech.  It's a bad straw man used to justify the divine right of government to regulate a Right as a Privilege.

There are limits to the rights in the Bill of Rights.

NO, THERE'S NOT.

If there is, then we do not possess Rights at all, we possess merely privileges which government may grant, require license, tax, limit, regulate or abolish on its own whim and authority.  As it stands, the BOR does not establish Rights at all - but lists them for the specific purpose of enumerating what government may not touch, and how it must operate around and with them intact and unspoiled.

Freedom of the Press doesn't mean there can't be laws against libel.  In fact, some state Constitutions (e.g., Pennsylvania) mention libel explictly, so it was recognized at the time.

Speaking evil to do public harm to another person is just another version of assault.  It used to be legal in times past, when libel and slander was issued, that a duel to the death was the honorable way of settling the score rather than to tie up the courts.

Etc.

Unfortunately, some idjits forget (or are willfully ignorant of) that, and think that the right to keep and bear arms is limitless.  And that hurts our cause.

Then we have no right to keep or bear arms.  We only have a government-granted privilege society may empower them to revoke, limit, tax, abolish or otherwise confiscate upon a whim of an emoting mob whipped up into a frenzy.

Limiting any Right - relegates an inalienable and insoluble Right into a grant and permission of Government.  To think we must limit rights, reveals just how dead and buried Liberty actually is in this country.
Fart for freedom, fart for liberty and fart proudly.  - Benjamin Franklin

...Obsta principiis—Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people. When the people give way, their deceivers, betrayers and destroyers press upon them so fast that there is no resisting afterwards. The nature of the encroachment upon [the] American constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour." - John Adams, February 6, 1775