And I would argue that Scalia is wrong, because the crafters of the amendment almost certainly had recent events at Lexington and Concord in mind, where Colonel Smith's mission was to seize cannon and ammunition for same.jerry_r60 wrote:I recall watching Antonin Scalia on fox discuss limits to the 2A. He basicly said some of the modern restriction attempts remain to be tested. With that said, he did leave a door open for some limitation. Using the text of the amendment he mentioned limiting guns to what you can carry as an example since the text reads "keep and bear". He also cited a tort on the books at the time called a "frightening". This prevented people walking around with an unusually scary weapon. I could see this concept being pushed in modern times.Dreamer42 wrote:The original language of the period defines "regulated" as being able to march, knowing the manual of arms, follow orders, readiness, structure of a military command - officers, enlisted, etc. It does not mean regulated in terms of controlled or maintained by a state or federal government like we think of today.
- Dreamer42
I've put a link to the full interview. The whole thing is good and has been linked here before. The begining covers approaches taken to interpreting/applying the constitution. The 2A talk comes about 6:57.
http://therightscoop.com/full-interview ... ws-sunday/" onclick="window.open(this.href);return false;
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Return to “How to Read the Second Amendment”
- Tue Mar 11, 2014 11:45 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: How to Read the Second Amendment
- Replies: 15
- Views: 2015
Re: How to Read the Second Amendment
- Wed Mar 05, 2014 9:52 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: How to Read the Second Amendment
- Replies: 15
- Views: 2015
Re: How to Read the Second Amendment
That would follow. The only way to ensure it is an armed populace.Oldgringo wrote:Following that line of thought, now comes the 3rd Amendment, eh?jimlongley wrote:Lately I have been thinking that the right of the people to keep and bear arms is there to ensure that the militia is well regulated. IOW, that the general population, properly armed, would keep the militia in line.
- Tue Mar 04, 2014 10:21 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: How to Read the Second Amendment
- Replies: 15
- Views: 2015
Re: How to Read the Second Amendment
Lately I have been thinking that the right of the people to keep and bear arms is there to ensure that the militia is well regulated. IOW, that the general population, properly armed, would keep the militia in line.