Sunday, July 7, 2013

I'll have a Claymore...and grenades all around

The 2nd Amendment reads as follows:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The 2nd Militia Act of 1792 called for state militia members to arm themselves with a musket or rifle, bayonet and belt, flints if needed for muskets, a box of cartridges, knapsack, powder horn and gunpowder. It is clear by this act of Congress, that each citizen that was a member of the militia, was expected to own a rifle or musket, a bayonet, and ammunition to be ready in case they are called into duty. The burden by Constitution and this act of Congress, places the burden of equipment preparedness upon the citizen.

This historical information cannot be overlooked when it comes to our understanding of the 2nd Amendment. Regardless of any desire to keep firearms from the hands of criminals or prevent school massacres, which are more likely the cause of children being bombarded with television violence, the Constitution clearly is designed to prevent the federal government from making any law which prohibits the ownership or keeping and carrying or bearing of arms. They simply do not have the authority. The Supreme Court of the United States of America agreed with this precept in 1875.

SCOTUS rules in US v. Cruikshank (92 US 542) that the right to bear arms is not granted by the Constitution, but the federal government has no power to restrict the right to bear arms. In other words, Congress shall make no law restricting the right to bear arms.

One only needs to look at immediate pre-revolution history, the Constitution, and the first Annals of Congress to understand that everyone from the Founding Fathers, to the authors of the Constitution , our military, and courts understood the importance of the citizens having unfettered access to firearms.

If we forge ahead to 1939, SCOTUS in US v. Miller (307 US 174), we have two men arrested for possession of an outlawed "sawed off" shotgun. This was made illegal by the passing of the Nation Firearms Act of 1934 which was a revenue code. Interestingly enough the double barrel Stevens 12 gauge shotgun was manufactured in violation of the NFA because it was too short, the men did not modify the weapon in any manner. SCOTUS determined that if a firearm has a reasonable relationship to the preservation or efficiency of a well regulated militia, in other words "ordinary military equipment" it was protected by the 2nd Amendment.

The federal government only has the right to limit the ownership or weapons that would not be considered "ordinary military equipment". Therefore, I present to you all the weapons that a citizen should enjoy fully in ownership and the ability to carry unconcealed. These are in fact current individual weapons carried by active duty infantry in our armed services and the federal government has no constitutional authority to limit your ownership.

Blades - bayonets, knives, swords and tomahawks

Grenades - smoke, fragmentation, thermite, cs gas, riot control, flash, concussion, stun

Pistols - semi-automatic - 9mm, .45 cal, 9x19mm

Rifles and carbines - select fire - automatic - 5.56x45mm NATO,7.62x1mm,.6x4mm

Light Machine Gun - automatic - 5.56 mm,7.62mm

Shotguns - bolt action, pump, semi-auto, automatic - 12 gauge, barrel length min 20 inch

Sniper Rifles - bolt action, semi-automatic - 5.56mm, .308 Winchester, .338 Lapua, .50 cal

Sub machine guns - automatic - 9x19mm

Anti-tank - recoilless rifle, rocket / missile / grenade launcher - 40mm - 140mm

Mortars - 60mm,81mm

Mines - anti-tank, anti-personnel


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