Originally Posted by psionandy
it says that as as a regulated militia is needed then the right to bear arms isn't to be infringed....
skipping over the fact that there aren't any militias in the envisioned sense .. the second half of the clause is dependent on the first half, ie regulation is required. And it doesn't rule out who is /isn't responsible to do it, or the level at which it should be set.
Feel free to ignore the first half if you like (you certainly won't be the only one), but if you do you can't really use the second as a justification for you having the right to bear arms. (you are of course free to use any other arguments you like, be they philosophical, political, traditional etc...)
you are correct..... it doesnt rule out who is/isnt responsible for regulating it........ but more importantly it doesnt rule the US govt in....... once again..... the constitution doesnt give me the right to bear arms....... it restricts the government from infringing on that right....... as for who is ruled out..... I point you once again to who is NOT ruled in
Article 10: The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
no power of regulating guns was delegated to the United States
and to help you out a little bit...... there arent 2 halves to that sentence...... there are 4 parts (you'll notice the commas)........ and it seems you've completely left out the 2nd part because it specifically defeats your argument
Article 2: 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.
Please notice the last word of the second part......its an important one... States........ in every portion of the constitution where power was delegated to the entirety of the US govt the words United States appear....... in every portion where powers were specifically deferred to the state governments the word States appears......
here in this section youll notice the constitution specifically says being necessary to the security of a free State....... NOT the United States....... the powers to regulate were not delegated to the US govt because thats exactly the reason the amendment exists.... to prevent the US govt from taking away gun rights...... and the militias were never intended for national defense... they were intended if the need arose to prevent the govt from taking away rights...... the states have the power to regulate militias and arms as they see fit...... but the United States shall not infringe
Feel free to use any other arguments you like, be they philosophical, political, traditional etc...