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Mass Shooting at Virginia Tech...
- Thread starter sawastea
- Start date
gjohnson5 said:
the make my day law in denver.
I dont see the word ''state'' in the 2nd ammendment. IF it was for the ''state'' militia... who would provide them the guns and regulate them? The same govt they were fighting against?
gjohnson5
New member
I'm sorry , but this is not how the second amendment is legally applied
A simple google search would show application of the second amendment in court
http://caselaw.lp.findlaw.com/data/constitution/amendment02/
In spite of extensive recent discussion and much legislative action with respect to regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms, there is no definitive resolution by the courts of just what right the Second Amendment protects. The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.1 Whatever the Amendment may mean, it is a bar only to federal action, not extending to state2 or private3 restraints. The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
In United States v. Miller,4 the Court sustained a statute requiring registration under the National Firearms Act of sawed-off shotguns. After reciting the original provisions of the Constitution dealing with the militia, the Court observed that ''[w]ith obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted with that end in view.''5 The significance of the militia, the Court continued, was that it was composed of ''civilians primarily, soldiers on occasion.'' It was upon this force that the States could rely for defense and securing of the laws, on a force that ''comprised all males physically capable of acting in concert for the common defense,'' who, ''when called for service . . . were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.''6 Therefore, ''n the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than 18 inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well- regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.''7
A simple google search would show application of the second amendment in court
http://caselaw.lp.findlaw.com/data/constitution/amendment02/
In spite of extensive recent discussion and much legislative action with respect to regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms, there is no definitive resolution by the courts of just what right the Second Amendment protects. The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.1 Whatever the Amendment may mean, it is a bar only to federal action, not extending to state2 or private3 restraints. The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
In United States v. Miller,4 the Court sustained a statute requiring registration under the National Firearms Act of sawed-off shotguns. After reciting the original provisions of the Constitution dealing with the militia, the Court observed that ''[w]ith obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted with that end in view.''5 The significance of the militia, the Court continued, was that it was composed of ''civilians primarily, soldiers on occasion.'' It was upon this force that the States could rely for defense and securing of the laws, on a force that ''comprised all males physically capable of acting in concert for the common defense,'' who, ''when called for service . . . were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.''6 Therefore, ''n the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than 18 inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well- regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.''7
redguru said:
redguru
New member
Collective rights theorists argue that addition of the subordinate clause qualifies the rest of the amendment by placing a limitation on the people's right to bear arms. However, if the amendment truly meant what collective rights advocates propose, then the text would read "[a] well regulated Militia, being necessary to the security of a free State, the right of the States to keep and bear Arms, shall not be infringed." However, that is not what the framers of the amendment drafted. The plain language of the amendment, without attenuate inferences therefrom, shows that the function of the subordinate clause was not to qualify the right, but instead to show why it must be protected. The right exists independent of the existence of the militia. If this right were not protected, the existence of the militia, and consequently the security of the state, would be jeopardized." (U.S. v. Emerson, 46 F.Supp.2d 598 (N.D.Tex. 1999))
http://www.roanoke.com/news/roanoke/wb/wb/xp-50658
Gun bill gets shot down by panel
HB 1572, which would have allowed handguns on college campuses, died in subcommittee.
By Greg Esposito
381-1675
A bill that would have given college students and employees the right to carry handguns on campus died with nary a shot being fired in the General Assembly.
House Bill 1572 didn't get through the House Committee on Militia, Police and Public Safety. It died Monday in the subcommittee stage, the first of several hurdles bills must overcome before becoming laws.
The bill was proposed by Del. Todd Gilbert, R-Shenandoah County, on behalf of the Virginia Citizens Defense League. Gilbert was unavailable Monday and spokesman Gary Frink would not comment on the bill's defeat other than to say the issue was dead for this General Assembly session.
Virginia Tech spokesman Larry Hincker was happy to hear the bill was defeated. "I'm sure the university community is appreciative of the General Assembly's actions because this will help parents, students, faculty and visitors feel safe on our campus."
Del. Dave Nutter, R-Christiansburg, would not comment Monday because he was not part of the subcommittee that discussed the bill.
Most universities in Virginia require students and employees, other than police, to check their guns with police or campus security upon entering campus. The legislation was designed to prohibit public universities from making "rules or regulations limiting or abridging the ability of a student who possesses a valid concealed handgun permit ... from lawfully carrying a concealed handgun."
The legislation allowed for exceptions for participants in athletic events, storage of guns in residence halls and military training programs.
Last spring a Virginia Tech student was disciplined for bringing a handgun to class, despite having a concealed handgun permit. Some gun owners questioned the university's authority, while the Virginia Association of Chiefs of Police came out against the presence of guns on campus.
In June, Tech's governing board approved a violence prevention policy reiterating its ban on students or employees carrying guns and prohibiting visitors from bringing them into campus facilities.
Gun bill gets shot down by panel
HB 1572, which would have allowed handguns on college campuses, died in subcommittee.
By Greg Esposito
381-1675
A bill that would have given college students and employees the right to carry handguns on campus died with nary a shot being fired in the General Assembly.
House Bill 1572 didn't get through the House Committee on Militia, Police and Public Safety. It died Monday in the subcommittee stage, the first of several hurdles bills must overcome before becoming laws.
The bill was proposed by Del. Todd Gilbert, R-Shenandoah County, on behalf of the Virginia Citizens Defense League. Gilbert was unavailable Monday and spokesman Gary Frink would not comment on the bill's defeat other than to say the issue was dead for this General Assembly session.
Virginia Tech spokesman Larry Hincker was happy to hear the bill was defeated. "I'm sure the university community is appreciative of the General Assembly's actions because this will help parents, students, faculty and visitors feel safe on our campus."
Del. Dave Nutter, R-Christiansburg, would not comment Monday because he was not part of the subcommittee that discussed the bill.
Most universities in Virginia require students and employees, other than police, to check their guns with police or campus security upon entering campus. The legislation was designed to prohibit public universities from making "rules or regulations limiting or abridging the ability of a student who possesses a valid concealed handgun permit ... from lawfully carrying a concealed handgun."
The legislation allowed for exceptions for participants in athletic events, storage of guns in residence halls and military training programs.
Last spring a Virginia Tech student was disciplined for bringing a handgun to class, despite having a concealed handgun permit. Some gun owners questioned the university's authority, while the Virginia Association of Chiefs of Police came out against the presence of guns on campus.
In June, Tech's governing board approved a violence prevention policy reiterating its ban on students or employees carrying guns and prohibiting visitors from bringing them into campus facilities.
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