View Single Post
  #29 (permalink)  
Old 05-30-2008, 05:13 PM
W.J. Wilczek W.J. Wilczek is offline
Political Junkie
 
Join Date: Dec 2007
Posts: 147
Default

The Second Amendment does not grant any rights. United States v. Cruikshank, 92 U.S. 542, 553 (1875). Furthermore, there is nothing in the Second Amendment that would bar the regulation of the possession, transportation and sale of firearms. United States v. Miller, 307 U.S. 174 (1939).

The original intent of the framers of the Constitution in the adoption of the Second Amendment was to guarantee the right to bear arms to the states for purpose of the maintenance of state militias; it was not a grant to individuals. If the Second Amendment was ever a limitation, it was on the intrusion of the federal government on states’ rights at a time when there was no standing army or organized reserve, and had nothing to do with the private ownership and use of guns, the regulation of which, as made clear by the Supreme Court’s decision in Miller, under both state and federal law (viz. National Firearms Act of 1934) is not prohibited by the provisions of the Second Amendment.
Reply With Quote