by Tom Reynolds
January 6, 2012
The Second Amendment states that, “A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Ninth Amendment states that, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Gun control advocates would have us believe that the only constitutional basis for gun ownership is for a Militia. But the Ninth Amendment says that the people have other rights than those specifically spelled out in the constitution.
When the constitution was written, a major source of food was hunting with a gun. Because it is not mentioned in the Second Amendment, should we assume that the founding fathers would allow guns for hunting to be prohibited?
When the Constitution was written, America was a rural society where the distance between farms and settlements was prohibitive for any central police force to provide security. In addition, there was almost constant warfare with Indians in some part of the United States and there were still hostile British forts on American soil. Because self defense was not mentioned in the Second Amendment, should we assume that the founding fathers would allow the use of guns for self defense to be prohibited?
In addition to dealing with other issues, the Fourteenth Amendment states that, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”.
Gun control advocates believe that the preface statement “A well regulated militia….” limits gun possession to the Militia, which they say no longer exists. But the Military Act of 1903 defined militia as all males between the ages 17 and 45 and they can be called up in time of emergency. Traditionally, those called up must bring their equipment, which previous laws specifically defined to include Arms.
Therefore, the Second Amendment clearly and specifically states that the people have the right to keep and bear arms. This would prohibit federal or state bans on firearms. This is further reinforced by the Fourteenth Amendment, which prohibits States from abridging a citizen’s privilege to keep and bear firearms.
The argument that the preface about a well regulated Militia limits gun ownership cannot stand up to even minimal scrutiny.