Inuyasha said:
Thank you Krat. Your post was most informative. it does, however raise some new questions in my mind.
*bows* It is a pleasure to be of service.
Inuyasha said:
As far as the arms mentioned I have searched as much as i can and I cannot find any actual laws that prohibit licensed ownership of these arms.
Certainly, but are you familiar with the history of the War on Drugs?
Cannabis was not originally outlawed. The original prohibition took the form of taxation and licensing-- except that the government simply declined every application for a license.
The process for obtaining a license for automatic weapons is expensive, time-consuming, and frequently denied outright. Coupled with the prohibitive cost of the weapons themselves, our current gun laws form a highly effective barrier against the average citizen outfitting himself as befits a member of the militia.
Contrast this with obtaining a Concealed Carry Permit in Wyoming-- which is a "shall issue" state-- it's relatively inexpensive at $75 (last time I checked) involves a short training course, and unless you are legally prohibited from owning a handgun, you cannot be denied a CCP.
Inuyasha said:
You will soon see who they have managed a form of "gun control" without creating laws that would raise eyebrows among the citizenry.
That's something I am already well aware of. I'm not one of those NRA-types who argues in favor of enforcing current laws as if the current laws were not already a gross infringement of the right to keep and bear arms.
I don't give a damn about protecting hunting guns. There's no credible threat against our ability to own and use those.
Inuyasha said:
My questions have to do with the first part of the text. Specifically with the Words "regulated" and "militia".
Well, before I begin, I'd like to note that I do not consider the Second Amendment particularly relevant. I addressed it in my first post primarily because it seemed as though there was a misunderstanding concerning it.
The Second Amendment only protects American citizens. I don't think that the British or the Japanese should be any less entitled to proper armament-- despite the assertions of their governments to the contrary.
Grammatically, however, the wording of the Second Amendment does not suggest that the right to keep and bear arms is
dependent upon membership in or even the existence of the militia. It explains that the militia is necessary for the security of a free state, and thus, the right to keep and bear arms shall not be infringed.
It's an explanation, not a condition.
Inuyasha said:
One also has to note that the function and mission of the "well regulated militia" was far different than the idea we have today, that of Coxe as expressed in the third paragraph.
Several of the statements within the quoted passage contradict your interpretation. I've taken the liberty of isolating them below-- even in the context of the whole speech, they seem pretty clear that Americans should avail themselves of military arms.
Trench Coxe said:
Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ...the unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.
Not only are Americans
free to keep and bear arms, they are
expected to.
Trench Coxe said:
They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them.
I will note here that, contrary to popular assertion, this is still entirely possible. Remember that the soldiers and officers of our military would be highly reluctant to use military force against their countrymen in the first place-- there would be many desertions-- and that our military numbers a couple of million out of the couple
hundred million civilians.
Trench Coxe said:
Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.
This passage is
definitely in line with the popular sentiment that the armed citizen exists to defend his fellow citizens against his own government as much as against foreign governments.
Gerry, as well, can be interpreted heavily in favor of private ownership of arms.
Eldridge Gerry said:
Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.
Inuyasha said:
In 1933 with the implementation of the "National Guard Mobilization Act" the idea of a "militia" as refereed to by Coxe and Gerry ceased to exist.
Given that the National Guard operates under both State and Federal orders and is considerably smaller than the whole American citizenry, it looks as though this is precisely what Gerry feared-- the American government destroyed the militia and raised an army upon its ruins.
I do not think that this was an act of tyranny, but it certainly proves that the National Guard is the
antithesis of the militia.
Inuyasha said:
To me the only "well regulated militia" that would directly serve the people would have to be formed and regulated by the individual states.
By definition, such a group would not be "militia"-- and while it might serve the people, as I believe that our standing military forces do, it would not and could not serve the same purposes as the citizen militia.
Inuyasha said:
The militias and survival groups around the nation are not "well regulated" by any stretch of the imagination and are no more than private armies similar to those of war lords in feudal times IMO.
They are such in my opinion as well-- especially given how strongly that fundamentalist religion and racism governs their ideologies. I would even go so far as to say that these groups are
more dangerous to American lives and liberty than our current government-- and are the last people I would want "securing my liberties" in the event that our current government becomes tyrannical.
In order for America to revive the practice of the "well-regulated militia", we would need to change a good deal of our cultural practices and attitudes. We would need to begin weapons training at an early age-- which some families still do privately-- and paramilitary drilling around the age when our children enter Junior High. (I believe this can be done without sacrificing either childhood or proper academic education.) We would have to learn to be both far more comfortable with weaponry and more responsible in our handling of it-- and I believe that we would have to begin either subsidizing weapons purchases or issuing weapons directly at government expense.
And, quite frankly, for any of this to come together into a properly organized and motivated citizen militia, we would need to
drastically oppose the culture of division and disunity that our political parties are promoting and exploiting, as well as re-evaluate our understanding of the balance between freedom and duty.
I do not think that we will have a significant militia any time soon in the absence of overwhelming external threat; in the meantime, however, I must still wholly support the means by which such a militia might be formed and supplied. In general principle, I also must support the right of private citizens to defend themselves and their property and their right to do so with the most effective weapons at our disposal.