1. Citizens of the United States have an inherent right to self defense, and that forms the basis of the Second Amendment.
2. Scalia destroys the silly argument that only those in a militia can bear arms, but it actually justifies private militias. Scalia says that Congress formed the standing army, and Congress can determine who can and can't be in the standing army and who and who can't bear arms in the standing army. To say that only Congress can form a militia is to say that Congress can regulate who can and can't be in the militia and who can and can't bear arms in the militia. The militia existed before the Constitution, and Congress can only organize it, not form it. If Congress had the power to form it, Congress would have the power to say who can and can't be in the militia and who can and can't bear arms in the militia. One of the purposes of the militia was to prevent tyranny. Congress does not and cannot be given the power to regulate arms in the militia, that is, to take arms away from members of the militia. This has what has been done historically by tyrannies to quash political dissent and the threat of force. Scalia actually indicates that there is a need for private militias. But, importantly, he also indicates that whether you're in a militia or not, you have the same right to keep and bear arms.
3. "to keep and bear Arms" means "to own and carry any weapon, within reason but including handguns, for self-defense." So in anticipation of a conflict where you are attacked, you can keep a firearm in your home and carry one on your person. The opinion indicates that CCW laws are constitutional, but, regardless, the right to carry a firearm is inviolate.
4. If the firearm you keep is to be used in self defense, it does not need to be unloaded or have a trigger lock. Scalia says that laws stating otherwise are silly because it defeats the purpose of having the weapon for self defense in the first place.
5. The opinion indicates that a right is a right is a right. It is not for any branch of the government to declare a right useful or not useful. The court cannot write a right out of the Constitution.
Thursday, June 26, 2008
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1 comment:
I have a solution ,you can learn how to defand yourself without carrying a gun by learning self defense martial art.
tal
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