Let’s be honest about guns

Second Amendment

This post was written by Richard Schrade, an attorney from Georgia and member of the Libertarian National Committee, and gun rights proponent.

The problem with all of the Second Amendment discussion is that very few people are willing to address this issue directly and accurately. The purpose of the Second Amendment is to protect the right to and ability to conduct an armed revol…ution. The Second Amendment was to protect the ability of the people to violently overthrow the government.

Even if one agrees with the “Militia limitation” on the Second Amendment, the Militias to which the Amendment refers were State Militias which would have been used to fight the federal government.

When viewed in this light, it is apparent that a limitation on automatic weapons would be an infrigment on the purposes of the Second Amendment. If we want to have an honest discussion about the issue of gun control, then let’s frame the discussion correctly, “Should the people have the right to keep and bear arms that could be used to violently overthrown the central government”.

Let’s remember that this country was formed in a violent revolution. Let’s remember that at Lexington and Concord citizen fired on and killed government solidiers sent by the central government to confiscate their weapons and arms.

If we are going to have gun control then let’s not dicker around the fringes. Let those who would limit the law-abiding citizen’s access to arms first repeal the Second Amendment. That would be the intellectually honest way to address the issue.

So under this theory, there is no way the government can keep me from owning a howitzer?

Jay_Dubbs's picture

I would answer that most of the artillery used by the American army during the Revolutionary War were privately owned, the framers of the Constitution and Bill of Rights, knew this and expected that it would continue. They had just finished a war with the world most powerful army because of the tyrannical ruler that controlled it, and wanted to make sure it couldn’t happen here.

DavidT's picture

Jay

I would answer your question this way - you should be allowed to. Aren’t you concerned that the government would not want you to? You can’t hold up a gas station with a howitzer, you cannot mug a man with a howitzer, so what’s the government’s interest in preventing you from owning one?

But the way you framed the question mandates the answer “Yes, the government CAN prevent you from owning one”. However there is a different between power to do something and having the proper authority to do something.

GDeath

Green Death's picture

Very nicely worded post, Mr. Schrade. And quite accurate. The intent of the Founders, as expressed in the Second Amendment, was that the militia, comprised of the “body of the People” be as well armed as professional soldiers employed by the government, and “well regulated”, which, in the proper context of the English language of the day, means, WELL TRAINED IN THE USE OF WEAPONS FOR CONDUCTING WAR.

TSgt B's picture

While I agree in theory, perhaps you might want to edit this comment:

“Let’s remember that at Lexington and Concord citizen fired on and killed government solidiers sent by the central government to confiscate their weapons and arms.”

————-

There were no confirmed shots fired at Lexington by the Militia or armed populace even though when fired upon by Regulars - 8 Fathers and Sons were separated by death. An Officers Revolver is rumoured to have begun that bloody slaughter.

There were indeed shots fired at Concord’s North Bridge, however only after Regulars fired upon the Militia in the retreat.

The true first shots fired by what would become “Americans” were at Merriam’s Corner.

No fight was desired by the individuals who resided in the “Colonies” at this time. What was desired was the right to Freedom and Individual Liberty.

History may not repeat, but it does rhyme quite frequently.

———

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OldGoat's picture

How was “an officer’s revolver” responsible for something decades and decades before revolvers where available?

Did you mean pistol instead?

tknighton's picture

This is also an excellent treatment of the battles at Lexington & Concord.

http://www.amazon.com/The-Minute-Men-Realities-Revolution/dp/1597970700/…

Written by the former Supreme Allied Commander Europe (SACEUR) it examines the history of the militias in the Colonies.

GDeath's picture

It is a not well known fact that after the first shot was fired a voice was heard to say….oops,sorry……..with a british accent…..

Anonymous's picture

BRAVO!!! one of the best articles I have read about the TRUE SECOND AMENDMENT meanings. I read the NRA’S SECOND AMENDMENT PRIMER and learned this fact a few years back! again BRAVO SIR!!!

willford's picture

What is at stake here is the very essence of our Republic, which was formed on the notion that all power flows from “We the People”. Without being armed to resist domestic government tyranny, foreign invasion, or criminal violence in our communities, the People have no power.
The basis for this armed power is the Constitutional Militia (also now known as the “Unorganized Militia of the United States”). This militia is formed by the body of the whole population of these United States. We the People ARE the Militia, but without requisite arms, we have no power.
Prof. Edwin Viera did some excellent work on the “militia”: Here is a link to his archive http://www.newswithviews.com/Vieira/edwinA.htm. It’s quite illuminating.

We, as a people, have forgotten that several of our duties to this great nation are to VOTE, and to SERVE in the Constitutional Militia of the United States (and of the Several States).
We will return to Constitutional Republic envisioned by the Founders when, among other things, we get back to the whole population being the armed power in this country, unfettered by government which “knows what’s best for us”.

During WWII Admiral Yamashita is reputed to have advised against an invasion of the US because “there will be a rifle behind every blade of grass”. When we contemplated the invasion of Japan, those people were being armed with homemade spears and anything else they could find to resist us. This is because the Japanese had the tradition of a disarmed peasantry; when it came time for every person to directly contribute the national defense, there was nothing for them to fight with!

Mike Settles's picture

How can anyone think the wording in the Second Amendment,”A well regulated Militia, being necessary to the security of a free State,” means citizens should be armed in case they wanted “to violently overthrown the central government.” That’s ridiculous. Why would the authors of the Constitution, who believed they were forming a perfect government, put anything in the Bill of Rights promoting the overthrow of that institution?

The ‘well regulated militia’ was put there so citizens could protect themselves against foreign invaders. They learned this from the American Revolution, and didn’t want a future recurrence. In today’s world, the chance of that happening is slim to none.

You can tell by the wording - regulated militia, security of a free state - that the authors did not mean self defense from personal attack. This is the main argument today for owning guns. It’s a good one and I totally agree.

The issue is, and alway has been, defending your life and property. So in that respect, there is no place for fully automatic weapons, armor piercing ammo, or howitzers. Assault rifles are not defensive weapons - they’re to ASSAULT others. Have as much firepower as you want, if you feel the need. But there has to be some control - not abolish - control. And we already have that.

The arguement goes that if the patrons of that movie theater were armed, less life would have been lost. Probably true, but a moot point, since many had that choice and opted not to carry. Even if they did, lives would still be lost at the hands of a looney-toon with a 100 round magazine in an ASSAULT rifle.

It’s time to have an honest discussion about gun control:
http://www.bing.com/search?q=it%27s+high+time+we+had+an+honest+discussio…

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