Comment Re:establish the facts of your standing (Score 1) 491
It takes great leaps of logic to interpret the constitution to be referring to the right for the government to bear arms.
I didn't mean the federal goverment, I meant the States themselves.
It's possible that your interpretation is correct, I'm not American so the matter isn't really of much importance to me. Reading the amendment as ratified by the state, I would have thought that the intention was to allow States to raise their own militias independently of the Federal government.
The wording ratified by the states was 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.
My point (aside from the detail) from my original point stands - the wording is ambiguous, it could have meant either - or even both (because at the time a militia would have been raised from volunteers with their own firearms?).
The intentions of the framers are irrelevant here, the courts decided that the WORDING of the amendment allowed individuals to keep arms of any kind and that the federal goverment could not infringe that right. If the government doesn't like it, their option is to change the wording to disambiguate it. This is an example of the court interpreting legislation (or consitutional wording in this case) but not legislating themselves. They couldn't have decided that the right to bear arms was disallowed because they didn't like it.