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by G.A. Heath
Sun May 27, 2012 10:36 am
Forum: General Texas CHL Discussion
Topic: CHL and Vehicle?
Replies: 66
Views: 7300

Re: CHL and Vehicle?

Longshot38 wrote:G.A. Health a few thing you are mistaken about:

1) When our founders speak of soldiers they are referring to regular army regulars. But when they are speaking of militia they are speaking of the people. This is not something that I learned from formal education, rather it is something that I figured out myself after doing a little digging, and US law supports it. As for the third amendment supporting your argument it doesn't, again solider refers to regular army, and the militia is NOT part of that.

2) You making the argument about the regulated militia being the regular army and that being what the authors referencing flying completely in the face of the recent supreme court decision that clearly affirms the second amendment to be an individual right. And see as one of the arguments brought in that suit was that the second amendment did not protect an individual right rather a right of government to arm unit such as the national guard.

3) Your point of the 4th admendment only makes mine stronger. The forth amendment does not read as protecting against search and seizure by the militia. Rather from the government is implied. And militia IS NOT AND WAS NOT considered or thought to be an government entity or regular army. Rather it was thought of and defined then as now as the people. And the reason they are given the second amendment is to protect themselves and their families not only from common crime but also from the government.
Uhm, I think you have confused myself with RPB, he's the one you should be replying to. With that said the militia clause does not give basis for regulation of the Second Amendment beyond ensuring that it is properly trained. With that in mind we could actually claim the CMP (Civilian Marksmanship Program) is constitutionally sound. However the the RKBA clause is critical in order to protect the militia from being disarmed by the government. I have to say that I feel we have gone way off the original topic and suggest this discussion be moved into a new thread if it is to continue so as to avoid irritating the mods.
by G.A. Heath
Sun May 27, 2012 1:00 am
Forum: General Texas CHL Discussion
Topic: CHL and Vehicle?
Replies: 66
Views: 7300

Re: CHL and Vehicle?

My point is the absurdity of using the modern definition.
by G.A. Heath
Sun May 27, 2012 12:10 am
Forum: General Texas CHL Discussion
Topic: CHL and Vehicle?
Replies: 66
Views: 7300

Re: CHL and Vehicle?

Longshot38 wrote:
srothstein wrote:C-Dub, that is the crux of the argument. Is the regulation of the type of gun you carry constitutional or is it an interference with your 2A rights?
US Constitution, Amendment II:

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.

So with the verbage of this Amendment things are clear. Regulation is not only allowed but implied. However it is more specific about regulation the militia (with by US law is any citizen between the ages of 18 and 45, IIRC).

Also a little history lesson here. Our second amendment right is modeled after the Swiss. And while the US does not require military service, this is another topic entirely that I could write a very long paper upon, the point was clear. Our founders expected every US household to possess the standard issue infantry weapon of the day and citizens to be proficient in its use for the express purpose of defending ones person, family, and country from any threat. It is that simple.
If we choose to use the modern definition of regulate(d) within the second amendment then with the standing legal definition of unorganized militia we essentially read the militia clause in the second amendment so that all able bodied men from 17 to 45 who are not currently in the armed services are to be well regulated (Hey!!!! We just found a new avenue for more big government!). However "the right of the people to keep and bear Arms, shall not be infringed." must be interpreted so that no infringement is possible on the right to keep and bear arms.
by G.A. Heath
Thu May 24, 2012 1:01 am
Forum: General Texas CHL Discussion
Topic: CHL and Vehicle?
Replies: 66
Views: 7300

Re: CHL and Vehicle?

So let me get this straight, we have the following conditions:
1: Your handgun is in the vehicle.
2: Your not in, or close to, the vehicle but in a prohibited location.
3: Officer asks for ID and you presented a CHL (although not required since your not carrying a handgun).
4: LEO has requested access to vehicle.
5: You want to know if you have to.

In regards to #1, #2 and #3 your good, although #3 was not required. In regards to #4, why do they want access to the vehicle? And as for #5 it depends on the answer to #4, but if its just because you are a CHL then the answer is no as long as the vehicle isn't in a prohibited location. If the vehicle is somehow in a prohibited location then you need to talk to a lawyer before consenting to a search.

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