robi2106's Journal: DC Gun Ban Overturned: Commentary

Linked from here is an article in Reason Online talking about the basis for the recent federal appeals court reversal of the Washington D.C. gun ban.

I'll summarize a few points. Do I personally have the freedom to say what I want, ie freedom of speech? Yes. And what grants me that right? The US Constitution Amendment 1, says "Congress shall make no law ... abridging the freedom of speech" (first clause omitted because it is the freedom of religion clause). This gives me an individual right to the freedom of speech based on my inclusion into the group of all citizens that this applies to. Numerous case law has established this. I also have a personal freedom of religion, and the freedom to practice such, and I have that freedom as a result of my inclusion in the group of all citizens that this is granted to.

And so it follows for each and every amendment. The personal rights are granted as well as the group rights. What then gives gun ban proponents the indication that when the 2nd Amendment says "...the right of the people to keep and bear Arms, shall not be infringed." that it applies differently? That Amendment DOES provide supporting evidence for this clause when it says "A well regulated Militia, being necessary to the security of a free State," but that has not nullified the right granted in the second part.

If you have the time, the article is worth a quick read.

Re:

[robi2106]

I heard when Fox had the news, but I've been very busy at work & home (doing work for my second job at home) so I have had very little time for journaling. Thanks to your journal for reminding me.

jason

law

[stoolpigeon]

i checked out on the gun debate a while back. just got tired of it. but the other day, on t.v., i watched a guy pop a 10 inch balloon from 200 yards with a snub nosed .38. it was insane. there was a cross wind. totally cool.

Re:

[robi2106]

wow.... now that is really amazing. he obviously knows his weapon and uses it frequently.

jason