Posted on Oct 11, 2015
Capt Richard I P.
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There's been a lot of debate about firearms and firearm ownership recently. I've been a part of a lot of it. I think one thing that is achingly necessary is some close reading of the Second Amendment itself. I slapped together a powerpoint for my sister a few years ago on the topic, and will post the text here with the title slide as an image (because it outlines the argument.)

2. Inherent Right to Self Defense
All persons entitled to defend their lives
A threat to one’s life can only be answered with deadly force
Not granted by society, intrinsic to life
Denial of this is endorsement of cannibalism
Granted by God or by nature
Not everyone believes in god
Not everyone can follow this level of philosophy

3. Constitutional Protection
Is highest law of the land
Any law lower that contradicts is null
Many laws already contradict constitution and should be held null but are not
Committing some wrongs do not mean we need to commit more
Only entity Officers of US swear to support and defend
Supreme Court interprets BUT
Has ruled badly in past i.e. Dred Scott
Usually rules against individual liberty

4. Original Intent
Only way to address constitution
Interpreting as we please renders document meaningless
Must obey as written, guided by intent
If desired can AMMEND text

5. Original Intent: Text Analysis

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.
Assisted by Webster’s dictionary 1828. Constitution drafted 1789 Most founders knew Noah Webster (he edited some Federalist papers), he likely represented their ideas of words, Oxford English Dictionary also an option, but requires pay access.
Well regulated: “Adjusted by rule, method or forms; put in good order” disciplined, capable, well-drilled, well-trained, able
Militia: “The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations” men between ages of 15 and 45 able to bear arms, who drill and are available for call-up
Necessary: “1. That must be; that cannot be otherwise; indispensably requisite. It is necessary that every effect should have a cause. 3. Unavoidable; as a necessary inference or consequence from facts or arguments.”
Free: 2. In government, not enslaved; not in a state of vassalage or dependence; subject only to fixed laws, made by consent, and to a regular administration of such laws; not subject to the arbitrary will of a sovereign or lord; as a free state, nation or people. The opposite of how the colonists felt themselves under Britain.
State: 5. A political body, or body politic; the whole body of people united under one government, whatever may be the form of the government. All people united under government.
Right: “10. Just claim; immunity; privilege. All men have a right to the secure enjoyment of life, personal safety, liberty and property. We deem the right of trial by jury invaluable, particularly in the case of crimes. Rights are natural, civil, political, religious, personal, and public. 11. Authority; legal power. We have no right to disturb others in the enjoyment of their religious opinions.” Not subject to restriction.
People: “1. The body of persons who compose a community, town, city or nation.” All people, not necessarily united in government.
Keep: “1. To hold; to retain in one's power or possession; not to lose or part with; as, to keep a house or a farm; to keep any thing in the memory, mind or heart. 2. To have in custody for security or preservation.” To possess under your own power.
Bear: 2. To carry; to convey; to support and remove from place to place; as, "they bear him upon the shoulder;", "the eagle beareth them on her wings.“12. To possess and use as power; to exercise; as, to bear sway.” Carry anywhere.
Arms: “1. Weapons of offense, or armor for defense and protection of the body. Sire arms, are such as may be charged with powder, as cannon, muskets, mortars, &c. A stand of arms consists of a musket, bayonet, cartridge-box and belt, with a sword. But for common soldiers a sword is not necessary.” Not Small Arms, a Stand of Arms, no “except sire arms or crew-served weapons or cannon”.
Shall not be: not may not or maybe not, or might be, or could be
infringed: “Broken; violated; transgresses.”

6. Constitutional Protection: Key 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.
Words were chosen carefully.
It is the people, not the state, states or militia whose right shall not to be infringed.
The right is to keep and bear arms, not to access, practice or only keep or only bear.
Arms are not small arms, are not a specific type of arms, there is no prohibition on types arms, understanding of larger weapons with high lethality (mortars and cannon) was widespread

7. Defend Self From Government
Founders had observed war of self defense against government
Understood risk of tyrannical government and wanted to guarantee balance of power
Jefferson even endorsed violent clashes
Modern militias CAN challenge national forces
Libya, Syria, Afghanistan, Ukraine
Numerical, terrain advantages, capture of equipment and defection from government forces quickly even odds.

8. Defend Self From Government
Governments are scary
They kill more people than criminals BY FAR
In the 20th century most countries herded citizens into concentration camps at one point or another (US to Japanese)
It is hard to herd armed people into camps
Nazi Gun Control legislation enabled their genocides (JPFO studies on this-also link US Gun Control Act of 1968 to the Nazi text directly)
Armed Jews are scarier than disarmed Jews: Warsaw Ghetto Uprising

9. Defend Self From Government
The first gun control law National Firearms Act of 1934 was wrought with problems
Allegedly a revenue raising measure, not a ban
State’s case claimed short barreled shotguns in specific were not militia weapons as not used by any military (falsely)
Ignored that NFA 1934 also taxed Machine Guns, definitely used by Militaries
No defense counsel or brief submitted to Supreme Court
Very tricky, specific, semi-dishonest argument involving serial numbers won case
Even the A-USA in the first gun case before the court acknowledged the 2nd amendment is intended to protect military style weapons.
Registration leads to confiscation, there has been no example of national registration schemes not followed by confiscation of some or all registered weapons

10. Defend Self From Government
Chemical Biological Radiological and Nuclear Weapons, Autonomous Weapons?
These are scary
People probably should not have them
Maybe we need a constitutional amendment
I would prefer governments not have them either, they are the only ones proven to have used them before, and will likely again.

11. Defend Self From Criminals
It is certain that in addition to protection from government, people are entitled to protect themselves from violence by criminals
This derives from the natural right to self defense
Founders understood the need, living before an era of police, and it is acceptable to argue this as a reason AFTER arguing protection for government (same with hunting)
Police cannot respond fast enough to save lives, just investigate after
Police cannot have legal obligation to protect people’s lives (case law has held this)

12. Defend Self From Criminals
Criminals do not obey laws-hence they are criminals
They will not obey gun laws
Only law abiding citizens will
Ordering the law abiding to disarm creates easy victims: “victim disarmament”
Any area the law abiding citizen’s right to bear arms is infringed will become a target for a criminal: ALL of the recent mass shootings occurred in legal (albeit unconstitutional) ‘gun-free’ zones
Lawful gun owners OFTEN end shootings with minimal or NO casualties.
Not being armed equally to criminals means the law abiding fight at disadvantage
Reload times kill (must have full capacity mags)
Don’t require the law abiding to bring a knife to a gun fight or a pistol to a rifle fight, or fists to an anything fight

13. Bad Arguments
It is bad to end the debate with god or nature and not include the constitution, most people cant handle esoteric, or belief arguments. This argument shuts down debate.
It is bad to interpret the constitution however we please, this renders it useless. This argument shuts down the debate.
It is bad to begin the argument of defense of self from government but not follow it all the way through its logical progression, that all existing gun control law is null as unconstitutional. This surrenders logical consistency and truth.
It is bad to begin to argue pragmatics on crime and self protection without including first protection from government, it is not the intent of the amendment.
It is wrong to even allow the opponents to use the phrases (let alone use them ourselves) ‘hunting and sporting’ these are not the intent of the amendment, do not derive from the right to self defense, and most importantly come from GCA 1968 which came from Nazi Gun Control laws

14. Definitions (Military not Legal)
Vehicles usually require a crew to employ and always require a large crew to maintain
E.G. Tanks, Helicopters, Jets, Armored Cars
Crew Served Weapons (CSW) require 2 or more people to employ
Weapons:
Cannon: CSW Large gun 40mm or larger, usually direct fire (flat trajectory)
Howitzer: CSW Large Indirect fire cannon
Mortar: CSW High angle indirect fire weapon
Grenade launcher: gun that fires grenades usually 37 mm or larger (close range indirect fire)
Machine Gun: CSW (usually) Often Belt Fed Gun that fires as long as the trigger is depressed, Heavy is .50cal Medium is .308cal and light .223 Cal (or near these calibers in soviet arms)
Sniper/Special purpose scoped rifle: CSW (when properly used) Long range (1000+ yd) rifle with a scope usually .308 cal or above
Designated Marksman Rifle (DMR): Medium Range (500-800 yds) rifle with a scope, usually .308 cal
Battle Rifle: Medium Range rifle (0-500 yds)
Assault rifle: Smaller caliber rifle for use by assault force, not suppression, light, close-range (0-300)
Carbine: Smaller caliber or powder compromise between a rifle and a submachine gun used for people not expected to be in combat or who MUST have light weight (paratroopers etc.) (0-300)
Submachine Gun: SMG small carbine that shoots a pistol caliber to limit recoil used for very close work that requires fast fires close assault, room clearing (0-100 yds)
Shotgun: Large bore gun for close range work can be automatic, semi-automatic or pump, usually fed fro m a tubular internal magazine newer models include detachable (0-100 yds)
Machine Pistol: An SMG, or a small SMG that looks like a pistol
Pistol: Semi automatic , automatic , or revolving chambered gun operable with one hand with much less powder than even a carbine round (often in calibers .45 and below)
Parts
Clip: a stripper clip has a number of rounds held together on a piece of metal for pushing into the gun rapidly, there they are stored in an internal magazine, “stripper” clips push the rounds off and into the magazine “en bloc” clips go into the guns magazine themselves
Magazine: Where rounds are stored before firing , internal magazines are rare anymore, much more common are detachable magazines often abbreviated “mags” the only military reason for limiting capacity is weight and unwieldy designs, this usually results in 20 rounds for .308, 30 for .223 and around 8-20 for pistols based on caliber size
It has become a legal debate since someone arbitrarily picked “10” as a magazine capacity limit in California, anti gunners say “high capacity” pro gun folk say “full capacity” or just “mag”
Belt: Disintegrating or reloaded (older or soviet) belts fire all rounds linked together fed from a bag or a box. Machineguns use this

Ammunition Round (Ammo, round or Cartridge) the complete package a gun fires (powder, bullet, casing, primer)
Bullet: Projectile that flies from a gun usually smaller and non-explosive
Casing: the brass that encases the powder, crimps to the bullet and holds the primer, ejects from gun after firing
Round: Individual unit of complete ammunition, includes bullet, casing, powder and primer
Shell: Canon or Howitzer bullet OR shotgun complete usually with plastic casing
Grenade: small explosive, can be designed to be thrown (hand-grenade) or fired from a launcher (it can only be either-or)
Measurements:
Caliber: imperial measures from groove to groove in hundredths of an inch diameter ex. .308
MM: metric measurements of lands to lands in mm, usually followed by a metric measurement of the length of the cartridge ex. 7.62x51

15. Rapid responses to opponents
Mass killings:
Not statistically rising or falling
Occur with similar volume and intensity per capita in nations with intense arms control (wiki rampage killings)
Highest casualty US school killing was in the 1920s, used explosives
Legally obtained automatic weapons have been used in 2 crimes in US history, one by a cop
Cops commit more illegal gun violence than concealed carry permit holders
Why don’t cops get mugged?
Guns are equalizers: 225lb 6’2 man vs 5’9 120lb woman: the outcome only changes when she has a gun

16. Pro Gun Organizations (Biased list)
Revolutionary War Veterans of America
Teach the historical connection between guns and the revolution, skills necessary to shoot
“no politics after 1776”
Gun Owners of America
Second biggest Pro gun lobby, second highest profile, very libertarian
“The only no-compromise gun lobby In Washington” –Ron Paul
National Association for Gun Rights
Rocky Mountain roots, anti-UN streak
“No compromise” est. 2000
Jews for the Preservation of Firearms Ownership
Scholarship on gun control and genocide, especially Nazism
“America’s most Aggressive Defender of Firearms Ownership”
Citizens for the Right to Keep and Bear Arms
Strong critic of Obama Policies, especially fast and furious
“The Common Sense Gun Lobby”
National Rifle Association
The big dog, huge money (even its opponents admit the bulk of this comes from individual gun owners)
More willing to compromise than the above, but being pushed away from compromise by the above
Founded by Union Army Officers to ensure marksmanship for future soldiers
Independent Firearms Owners Association
Enforce the laws we have now, don’t persecute gun owners, NRA has gone too conservative because of the above
“Effective Solutions for Complex Criminal Justice Problems”
Libertarians:
Reason.com (good youtube video, some articles)
Cato Institute
Edited 10 y ago
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Responses: 152
PO1 Michael Fulgium
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Self-explanatory.
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MAJ David Hoyer
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Yes, it should be a requirement to be a member of a militia to keep and bear arms. The militias would then be responsible for limiting arms ownership to law-abiding competent citizens.
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CPT Special Forces Officer
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4
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MAJ Dean Thompson
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What needs to be amended is the citizenship of people that want to limit others freedoms according to our bill of rights!
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CAPT Edward Schmitt
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1) I agree with ban on civilian auto weapons, explosive land mines, grenades, rocket launchers, crew served weapons, etc. All ok are semi auto rifles, & pistols, cross bows and other bow weapons, slings, etc. in other words what is currently understood
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SPC Charlie Robinson
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My vote should have been #4. Eliminate all existing laws. They're all unconstitutional.
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SPC Charlie Robinson
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Did not mean to do that. Couldn't undo it
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SN Nicola Poitras
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The Bill of Rights was written back in the 1700's, when weapons were black powder rifles and possibly muskets (please don't crucify me if I'm missing something I'm not a historian). With that being said, I'm not opposed to having the 2nd ammendmentment remaining as written with a couple of caveats.

1st: if you have any form of mental illness, you should have ABSOLUTELY NO access to firearms, for your own safety and for the safety if others. I have PTSD, and I have voluntarily given up all of my guns, and my husband has only hunting rifles, all with trigger locks, and we have no ammunition in the house. I'd he wants to go hunting, he buys the ammunition he needs for that day, and doesn't come home with any. Period.

2nd. NO CHILD under the age of 16 should have access to any firearm. They are not mature enough to comprehend the full extent of damage that weapon can do. I know that there will be people who say "my kid knows what that gun can do, cause I trained them". And, I suppose in certain instances, you might be correct; however, it has been proven over and over again that children do not have the cognitive ability to make a rational decision in the heat of the moment between a good choice and a bad one.

3rd. ALL ASSAULT style weapons should be deemed illegal and should, with any use, be cause for immediate death penalty, with NO appeal. These ARE NOT TOYS, they ARE NOT hunting weapons. They ARE PEOPLE KILLERS. The ONLY person's that should have these weapons are the military. They are trained and the weapons are (supposed to be) stored properly.

That is my two cents. If I have offended you, I will say Sorry, not Sorry. These are my opinions. And as they say about opinions and a#$holes - everyone has one, and they all stink.
Have a great day all.

"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."
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PFC Eric Parrish
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The debate centers around small arms. The constitution said, Arms not small arms. So all current laws restricting weapons are unconstitutional.
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SSgt Roland Cooper
SSgt Roland Cooper
>1 y
I have been an active voter for 40+ years. Maybe I am missing something, but, I do not ever recall government submitting legislation to "ban all firearms"? I continue to wonder why so many American citizens get all bent out of shape and running around with their hair on fire because they fear the government is going to take away their 300+ million firearms. This is not rocket science. Step up, lead, follow, or get out of the way. WE have more than 400 mass shootings at mid-year 2023 and more than 45K fellow citizens will die by firearms this year. Why can't fellow Americans acknowledge that WE have a major gun problem? We kill more Americans ourselves than any foreign or domestic terrorist could dream of. We must stop trying to "word smith" the 2nd amendment and/or Bill of Rights. Trust me, we do not try to Word Smith other documents written 200+ plus years ago. I tell many of my friends that if they are fascinated by the AR-15, they should do what my dad did {Marine}, me {Air Force} and my son {Army} did and serve their country. Uncle Sam will make sure you get to fire military grade weaponry. Yes, I am aware that everyone in this blog is former or current military. I am a gun owner, yet I have never been concerned that any NEW legislation would take a shotgun, deer rifle or pistol from a citizen who has registered their firearm. As leaders, we should pull together and take steps necessary to make our country safe. We do not live in the Wild West or a 3rd world country. I should not feel the need to ensure I have a round in the chamber when I travel to my local grocery store.
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Amn Roger Omberg
Amn Roger Omberg
2 y
There was 2 incidents over the weekend in HOUSTON, where drivers in downtown traffic, cut off other drivers , & the offended drivers just freaked out , shot & killed the other offending drivers with innocent folks inside those cars. There was a song one time that said DONT TAKE YOUR GUN TO TOWN BILL, LEAVE YOUR GUN AT HOME BILL! Sounds like good advice. Dec. 9th 2023. Even if You did, would You have the time to use it?
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SSgt Roland Cooper
SSgt Roland Cooper
2 y
Thanks for your feedback, Roger. I am in my mid 60's and I can't help but think I am leaving this country to my kids and eventual grandchildren as an unsafe country. Our violent murders continue to increase across the country (blue states, red states, large cities, small cities'...etc.) WE must admit we have a problem. Politicians use gun policies as "wedge issues" to manipulate voters. Uncle SAM is Not after hunting weapons. I am a firearm owner. Too many Americans are prone to use loaded firearms to solve their personal problems. It's too easy in our country for mentally unstable people to own and freely use loaded firearms without any checks and balances. Republicans like to say...."do a better job using the gun rules we have in place". Thats a joke. They never speak to any specific law they say we are not using. Good Luck trying to purchase a firearm in England if you have a criminal record or record of mental health issues. We have 300+ million firearms in our country, yet we can't seem to at least try to do a better job ensuring the safety of our citizens. I have personally visited gun shows and have found it is too easy for any schmuck who can walk and chew gum at the same time can purchase AR 15s.
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SGT Erick Holmes
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I agree with 3
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