This whole business of what is 'common use' is off track from the intent of the 2A.
It seems to me that the U.S. Supreme Court was reaching for an intractable defense of the 2A by using easy language. It is intellectually lazy. The only mention of arms in the 2A is that they be kept and borne by the People. And that is only to allude to 'arms', that absent from the 2A is any reference to type of 'arms'. Whether they be 'common' or uncommon is irrelevant.
It seems to me that as the courts continue down this road of arguing what is 'common' we are being sold out, that a day will come when the 2A is extinguished by argument and opinion which seems 'reasonable'. That is, the 2A is being whittled away by the courts by a means only less violent than the overt gun grabbers.
What arms were in 'common use' when the 2A was ratified? ARs, AKs, Colts? Of course not. So, by the argument of 'common use', all weapons used today, even those in 'common use' would NOT be protected by the 2A at the time of ratification.
This 'common use' doctrine is an artificial argument. It ignores the original intent of the 2A. It is a product of the concept of the U.S. Constitution as a 'living document'. It is utter tripe. It's a BS argument for it is a substitution of what is at the heart of the intent of the 2A. Worse, it is a means for the courts to satisfy themselves while leaving the 2A open to subjective opinion. Those damned fools!
"Political power grows out of the barrel of a gun." - Mao Zedong
"America is at that awkward stage. It’s too late to work within the system, but too early to shoot the bastards.” – Claire Wolfe
"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen." - Samuel Adams
"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." - P. J. O'Rourke.
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson
"The right to buy weapons is the right to be free." - A. E. Van Vogt
"The price of freedom is the willingness to do sudden battle, anywhere, at any time, and with utter recklessness." - Robert A. Heinlein
"Statesmen are dead politicians. Lord knows we need more statesmen." - Opus the Penquin
"All politics in this country now is just dress rehearsal for civil war." - Billy Beck
The Four Rules
1 - All firearms are always loaded. 2 - Never let the muzzle of a firearm point at anything you are not willing to destroy. 3 - Keep your finger off the trigger until you are ready to shoot. 4 - Be sure of your target and what lies beyond it.
---Jeff Cooper
Four More Rules
1 - Don't go to stupid places.
2 - Don't hang out with stupid people.
3 - Don't do stupid things.
4 - Asking for trouble is a pretty good way to get it
2 comments:
This whole business of what is 'common use' is off track from the intent of the 2A.
It seems to me that the U.S. Supreme Court was reaching for an intractable defense of the 2A by using easy language. It is intellectually lazy. The only mention of arms in the 2A is that they be kept and borne by the People. And that is only to allude to 'arms', that absent from the 2A is any reference to type of 'arms'. Whether they be 'common' or uncommon is irrelevant.
It seems to me that as the courts continue down this road of arguing what is 'common' we are being sold out, that a day will come when the 2A is extinguished by argument and opinion which seems 'reasonable'. That is, the 2A is being whittled away by the courts by a means only less violent than the overt gun grabbers.
Rick
What arms were in 'common use' when the 2A was ratified? ARs, AKs, Colts? Of course not. So, by the argument of 'common use', all weapons used today, even those in 'common use' would NOT be protected by the 2A at the time of ratification.
This 'common use' doctrine is an artificial argument. It ignores the original intent of the 2A. It is a product of the concept of the U.S. Constitution as a 'living document'. It is utter tripe. It's a BS argument for it is a substitution of what is at the heart of the intent of the 2A. Worse, it is a means for the courts to satisfy themselves while leaving the 2A open to subjective opinion. Those damned fools!
Rick
Post a Comment