Is the Second Amendment Misinterpreted?

According to a recent op-ed in the Huffington Post, the weakest pro-gun argument “is the constitutional one.” Writer Nick Desai cites former Chief Justice Warren Burger to buttress his claim that the common interpretation of the right to bear arms is a “fraud.” It was never meant to protect private gun rights, and the only people who think it does are right-wing lunatics preparing for the impending apocalypse.

Desai goes on to make tired rebuttals to the self-defense argument and the argument that people need arms to protect themselves against the government, but let’s stick with what he claims is the weakest defense of them all. If Desai is right – if the Second Amendment has been misinterpreted for all these years – then gun owners don’t have a leg to stand on, right? If the federal government wants to shut down private gun ownership, there’s nothing in our founding documents to stop them.

It might be instructive if we go ahead and include the amendment itself in our discussion, a step Desai and the Huffington Post did not bother to take:

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 argument from the left centers around the fourth word: “militia.” According to them, the amendment applies only to those in a militia, thus it would not have any bearing on the millions of independent gun owners who now claim protection from the Constitution. But in making that argument, liberals must ignore not only the context of the document but the structure of the English language. Sticking with the latter, nothing in the Second Amendment restricts gun ownership to a militia and a militia alone. It gives us one reason for the importance of gun ownership without making any further claims as to the limits of that importance. If it said, “The sound of awesome gunfire being necessary…” silencers would still be permitted.

But there’s another aspect of the argument that liberals almost always miss. And that’s the simple fact that the Constitution is not the arbiter of an American’s full, comprehensive rights. In other words, the right to bear arms was inherent to America even before the Second Amendment was ratified. Government, remember, can only restrict a human being’s rights. It can never grant them. Our Bill of Rights merely puts down as law those rights which should never be infringed upon by courts and lawmakers.

With each passing year, liberals in this country get bolder in their fervor to attack American rights. They are desperate to impose stricter laws in the hopes that we can finally become more like the UK, Sweden, and the other European nations they so adore. To them, American freedom is the enemy, and they are willing to attack it through any means available. Fortunately, our founding fathers anticipated such anti-Americanism. They devised a strong Constitution to protect us against it. It’s not the weakest argument for guns; it’s the only one we need.

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137 comments

  1. Desai is just another “educated” idiot who thinks he can spin the Constitution to meet his needs.

    • You can’t “spin” Punctuation. The Founding Fathers knew what they were doing with the placement of that “Offending” Comma.

  2. Desai is either a liar, or blatantly stupid. Read what Jefferson, Madison and others had to say on the subject. Jefferson said “No free man shall be disbarred from possessing firearms”. Other comments made in the Federalist Papers and other written comments made by the Founding Fathers make it crystal clear the purpose of the 2nd Amendment. I suspect, like all left wingers, Desai is a blatant liar hoping to persuade an ignorant public that his lies are truth.

    • Proud US vet/American

      You are exactly right! The 2A was put in the Constitution to protect it from a government gone crazy(See Obama Regime) and to protect the other parts of it as well. It is the cornerstone of America’s domestic security and her “national guard” from invaders and a Tyrannical government.

    • Wonder what “libturd center of higher indoctrination” this “useful idiot” received his “training” from?? If it is from anywhere in the New England area, that would answer any question..

      • Nearly any college or university will do; all are infested like cockroaches by Marxist professors!

        • Yes, the reason that Chinese well-to-do don’t mind sending their children to American Universities, is because they know that is where they can learn Marxism.

        • thats right education makes you think and turns you into a liberal thus by your analoge lack of knowledge makes you conservative stupid and a gun nut –your analoge not mine

  3. The ‘militia’ is defined in 10 US Code 311 as follows:

    (a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
    (b)The classes of the militia are—
    (1)the organized militia, which consists of the National Guard and the Naval Militia; and
    (2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
    Also, at the time of the writing of the Constitution and presented in The Federalist, I believe that it was Madison who stated; “What is the militia? It is all of the people.”
    The Constitution and its Amendments do not “grant” rights. We are born with our right to free speech and the right to defend ourselves especially against a tyrannical government which increasingly seems to be growing. The 1st and 2nd Amendments are particularly vital to a free people.

    “The most foolish mistake we could possibly make would be to allow the subjected people to carry arms; history shows that all conquerors who have allowed their subjected people to carry arms have prepared their own fall.” Adolph Hitler
    Think about it. All of the anti-gun rhetoric is aimed at “protecting” people.

    “The welfare of humanity is always the alibi of tyrants.” Albert Camus

    • The US Code entry sited was written well after the signing of the Constitution. The word militia was meant as a citizen army. The founding fathers intended for citizens to be armed to protect against government as well as an enemy

      • I understand that ‘SPIDER’. I was merely referencing it as support against the argument that many anti-gunners offer that the term “militia” meant the National Guard. The National Guard was formed in 1913 under the Dick Act and therefore had no relevance when the 2nd Amendment was written. Oh, well, like it says in the Good Book; “The instruction of fools is folly.”

      • That is so right Spider good one thank you

    • Since more people or babies who would become people eventually, are killed each year by something other than guns (abortion comes to mind) maybe they would be better off concentrating on something else than taking our guns away from us.

    • Hense the term in the Constitution, God Given Rights,,, somebody did their homework… Good job Buzg,,,
      SEMPER FIDELIS 1983-2004

      • Thank you. I get so few positive responses, but I’ve always been a bit
        of a rebel. Managed to stay out of jail though. As to quotes here’s a
        couple more that are appropos.
        “It is the fundamental theory of all the more recent American law, that the average citizen is half-witted, and hence not to be trusted to either his own devices or his own thoughts.” — H. L. Mencken (1880-1956)

        “The whole aim of practical politics is to keep the populace alarmed, and hence clamorous to be led to safety, by menacing it with an endless series of hobgoblins, all of them imaginary.” H. L.Mencken
        And, good night.
        .

    • Well stated from the U.S. Code and entirely true from Albert Camus. There is a quote from novel called begiings by David Weber in a short story oddly enough called “Call to duty,” in which a commanding officer commending a subordinatre against “orders ,” for original thinking in the face of political interference which saved untold lives but for which the subordinate was not to be individually credited. I loved the quote as it is totally appropriate in this Instance and in regard to All political policy by this particular administration:

  4. I am so sick these M =F people trying to twist Gun owner ship around .. Maybe its time be take baseball bat beat some sense into these F’s and teach them to leave Gun owners alone starting with Bloomberg any many more

    • They don’t care about the truth or the facts, they ALL have an agenda, calm down, don’t want you to have a stroke.

  5. Well considering how certain people would act if we honored “the Fathers” by having routine gun checks and inspections (as they had during the days when the 2nd Amendment and Militias were in vogue), it is kinda clear the the contemporary take on the 2nd Amendment has nothing to do with it’s historical meaning only the evolution of that meaning as we grew older and more cowardly as a culture.

    • “routine gun checks and inspections” were functions of organized militias only. Unorganized militias had no such requirements.

  6. The right to defend yourself comes from Nature and Nature’s GOD. The lowest animals on earth will defend themselves: ants, bees, birds, even “cute” animals like bunny rabbits and deer will bite, claw, stab, sting, kick. We the people may not have horns or hooves or stinger or fangs, but we have guns, and we will use them to defend our families and homes. The Second Amendment merely codifies this right to self defense, sets it down in written words.

    Mr. Desai is delusional. Perhaps he thinks he can “erase” the Second amendment, the same way that book burners who hate the First Amendment think they can block our rights to free speech. They are mistaken, and so is he.

    Ideals Mastering Power Creating All Life GOD IS
    http://www.impcalgi.com

  7. Typical liberal mistake. When the constitution was written ALL able bodied men were part of the “militia” that would be used ti protect themselves and the country. I see no reason to think we’re not still part and parcel of the militia.

    • That would mean they would have to use facts instead of emotion, we’ve all heard the term educated idiot, well that guy is it to the tee, keep up the good word Turn9, because freedom isn’t free,,,
      SEMPER FIDELIS 1983-2004

    • If all the able-bodied men had been part of a WELL REGULATED militia, as the Israelis are now, the British would have been finished after the 1st battle if they had dared to start it.

      • Alice-Annette Schultz

        What I find well-regulated about them is they paid attention and acted when called upon. They didn’t hesitate, they didn’t ‘dodge’ their responsibilities, and they followed orders because they knew the worth of doing so. Something not instilled in many people today!

    • We are, but liberals are too lazy and irresponsible to obey the law.

  8. A militia is a citizen army. At the time of the signing of the Constitution in 1789, the Revolutionary War was over. The intent of the founding fathers is evident, not only o the Constitution, but in the papers and statements made prior to and subsequent to the signing. The founding fathers understood that an armed citizenry, could best protect their own interests, than could any police force. The founding fathers, intended for citizens to protect this land themselves. There is no misinterpretation if you refer to the time the document was written and signed….and arms also means knives, bayonets, swords.

    • You misread! Our Founding Fathers(FF) greatly feared a standing army. In 1790 they were only familiar with 2 well regulated militias, the French army and the British army. George Washington did not command a well regulated militia, he had a near personal army because he held it together and he was believed to be their best chance.
      The FF recognized that a government had to have a standing army, note the 3rd amendment, and wanted to have an armed citizenry that could successfully stand against it. That’s why the military swears an oath to uphold the Constitution, and not obey orders to the contrary.

      • Interesting point, Toni. I never connected the 3rd to a standing army. I guess the point of re-funding the military every two years was to force consideration of the size based on need.

  9. IAW. the “militia’ wording in OUR 2ND. Amendment I, IAW, the wording of “infringed”, am TOTALLY within my Constitutional ‘Rights’ at being MY OWN MILITIA IAW ANY
    need to defend myself,& my family ANYTIME that need be required..I have ‘NO’ otherwise option..PERIOD!!

  10. I have said it many times. Gun control is not and never has been about public safety or crime reduction. It is and always has been about the ruling class attempting to protect their backside by controlling the actions of the people or a group of people. Gun control laws came into general use right after the Civil War when the Democrats imposed them to deny recently freed slaves the ability to defend themselves from those that resented that liberty of those they considered property. That same evil intent to deny liberty exists in every gun control law passed or proposed.

  11. I hold a Juris Doctor and in Law school we performed a detailed analysis on the 2nd Amendment, and our Professor was a Judge as well, and the conclusion we came too was, and we based our conclusions on the history and context of our Founding Fathers and what their mind set was at the time of writing the 2nd Amendment, and that conclusion was, all Gun Control Laws are illegal on there face…PERIOD..!!! The only fraud here are the Commie/Liberals attempting to destroy our Nation as it was founded, and we had word for those attempting this in Law school…TRAITORS, and they should be punished accordingly..!!!

  12. Alice-Annette Schultz

    The 2nd Amendment gives every person not only the right to keep and bear arms, but also the right to make his own ammo if one follows what was done during the American Revolution, Further, in other wars before ammo making became industrialized they brought their own guns and their own powder. Where do you think the saying, “Keep your powder dry” comes from?! Talk about idiots these days!
    My great-great grandfather way back there was in two fights in NY during the Am. Revolution, and they MADE THEIR OWN AMMO! Furthermore, the govt. DID NOT PROVIDE any guns either! As for the saying in order for “a well regulated militia” the regulation meant in order for someone to lead them, they needed to be armed and know how to make their own ammunition. Nobody then “joined an army and was ‘outfitted’ ” Rather they showed up with ammo and guns in hand! And, btw, that means the knew how to use them!!! If these idiots making these claims only looked at or knew anything about history they wouldn’t be so stupid as to make dumbbell remarks about the 2nd Amendment referring to an army! It refers to each individual. YOU HAVE THE RIGHT TO OWN YOUR OWN GUN AND MAKE YOUR OWN AMMO SO YOU CAN SHOW UP FOR A FIGHT AGAINST TYRANNY. Hence, you will then be a part of the ‘well regulated’ militia!l In the meantime, hunt your deer and elk and rabbit, etc and “as much as within you lies, live at peace with all men!”

    • That’s very interesting. I did not know that. Thanks for sharing!

    • It’s a big stretch from showing up with your weapon to being part of a well regulated militia. The Minute Men were no part of a well regulated militia. The French and British armies were the only well regulated militias to which the colonies had been exposed.

      • Alice-Annette Schultz

        In case you’re interested, Goe. Washington turned those men that did show up into a great unit. There were two battles in NY, and probably more (not something I have heavily researched) except that I do know there were 2 my great-grandfather way back there was in. No one that showed up was ‘trained’ except that he had experience with his gun, and he had his own ammo. No matter how hard you try, you cannot refute that. Like I said, the pioneers of that day were the only militia they had, whether you like it or not, big stretch or no, those are the facts. “However, those eighteenth-century militiamen bear little resemblance to the federally- equipped, highly-trained members of today’s National Guard. This Part will trace the changes that have taken place in the militia since colonial times.” http://academic.udayton.edu/health/syllabi/bioterrorism/8military/milita01.htm “The resulting colonial militia laws required every able-bodied male citizen to participate and to provide his own arms. Militia control was very localized, often with individual towns having autonomous command systems. Additionally, the colonies placed relatively short training requirements upon their militiamen: as little as four days of training per year.”

        Read it and weep! And right below this, Turn9 states exactly what I did and what the referenced material above says! They supplied their own weapons and ammo! And exercising themselves as a unit 4 days a year is as regulated as they got – but they were still better men than many we have today!

        • Yes GW did turn ‘those men that did show up’ but that didn’t make them a WRM before they showed up.

          I don’t see any real argument here about what happened, I was merely pointing out that a WRM is in fact a standing army such as the regular army and/or the ‘weekend warriors.’ The inactive reserves are not a WRM.

          • Alice-Annette Schultz

            “The inactive reserves are not a WRM.”??? Really??? Try telling that to any one of them! As for what I said, I even gave you a quote and an entire article on the subject. Hate to tell you this, ToniStimmel, You need to go back to school and actually learn a few things!!

          • Having spent 5 years in the ‘inactive reserves’ when the military obligation was eight years, and I had spent 3 years on active duty (army – Korean era), I will tell you that a WRM is not a group of veterans who are required to keep their uniforms and report once a year, by mail, their current addresses.

            The battle of Athens TN in 1946 was won by such a group but they were NOT a WRM, they were more like a posse although they were definitely not assisting a sheriff.

          • Alice-Annette Schultz

            Then I stand corrected on that.

          • You are not wrong. WRM does include the unorganized militia by law.

          • The reason that the Athens group were not assisting a sheriff was because the sheriff’s actions were both null and void, unconstitutional acts of tyranny and unprotected, not under color of law.

          • Eleanor Roosevelt had something to say about this…http://www.abovetopsecret.com/forum/thread919664/pg1

          • If we want to continue to be a mature people who, at home and abroad, settle our difficulties peacefully and not through the use of force, then we will take to heart this lesson and we will jealously guard our rights. What goes on before an election, the threats or persuasion by political leaders, may be bad but it cannot prevent the people from really registering their will if they wish to.

          • Alice-Annette Schultz

            Thank you for that: Here is the part where she really makes her point clearly: “When the people decide that conditions in their town, county, state or country must change, they will change them. If the leadership has been wise, they will be able to do it peacefully through a secret ballot which is honestly counted, but if the leader has become inflated and too sure of his own importance, he may bring about the kind of action which was taken in Tennessee.” We would be wise to remember that as a country, and as Americans united under God, we are all participants in our own freedom as well as our neighbors’.

          • I would like to thank Toni Stimmel for serving our great Nation…and I do not disrespect her opinion, and know I can learn from all, especially veterans. So sorry I was terse in my response, but her own liberty depends on a studied truth of the power of the natural right to bear arms, because as European history (among others) has elucidated the wisdom of our Founders in trusting Americans of good will with arms, and saying so. All rights carry heavy responsibilities. She’s an honorable American to have served, no disrespect intended. Alice, hope you also agree. And thanks for reading the post!

          • Thanks but Toni is short for Antonino not Antonina. I was in the regular army, not the WACs.

            I put in that sheriff part because the dictionary says that posses assist sheriffs.

            The Battle of Athens TN is still ringing in the ears on those who wish us evil, armed men trained in arms and military tactics are always to be feared when defending themselves and their own.

          • How does “unorganized” become “well regulated”

          • When danger comes and volunteers align to repel it.

          • Functionally, it doesn’t. In times of unrest, the Governor of the then colonies and/or territories and/or states could send the word to county sheriffs to call out the militia of able-bodied men to arms. Most were more proficient in firearm use than you give credit for, and their hunting and tracking skills often put them in good use if they were support regulars. Sure, going up against an enemy regular force they wouldn’t often do well, but that was a role typically avoid. Often their mere mustering kept the enemy at bay. Please keep in mind that Lord Cornwallis had seven thousand regulars at Yorktown. Yeah. 7,000! THAT was an army of the time! I’m sure that the prospect of facing even a band of rabble, armed with muskets, their home-made lead balls, powder, and pitchforks and clubs was still something that gave Cornwallis pause before engaging the Colonials!

            Much later on, Adm Yamamoto, in what was mistaken to be a jingoistic boast, lamented that Japan, even IF they could land a force on our west coast, would still have to march all the way across the United States in order to ‘dictate terms of peace in the White House’, all the way facing an “American with a rifle behind every blade of grass”. Not the US, but all Americans, which Yamamoto, who spent considerable time as a graduate student and then a military attache, well understand was the UNorganized militia.

          • Our history is replete with the proficiency of these so-called “Weekend Warriors”, as well as the National Guard units.

            The WRM you describe need not have had any prior military experience, though we’d hope that the leadership of any militia would be of veterans. It is NOT, in fact, ANY Federal entity at all, as the Active Duty, Reservist, and National Guard units all are. Some states do have their own active militias and these cannot be federalized save in time of war.

          • Thanks. Old guys still rule, especially those with prior honorable military service!!

          • This is a non-argument. The Bill of Rights does not confer rights, it acknowledges them. We the People had the right before pen touched paper and any effort to eliminate the 2nd Amendment violates basic human rights and will not be tolerated. Bet on it.

          • Wrong.

          • You’re confused on what the phrase in the 2nd Amendment “well-regulated” means. In no sense would any of the writers of the Constitution believe that man-for-man any of these “farmers with pitchforks” would be the military equivalent of professional regular army. The phrase exists because these part-time volunteers had to regularly drill and otherwise use their arms (as in hunting or self-defense) in order to have any hope of being whipped into a semblance of a fighting unit. Your interpretation would be to give the “right” to raise a ARMY, something that Articles I and II already specify as powers of the Legislative and Executive branches, respectively. To assert that somehow this Amendment was needed to affirm that power of the Federal Government is ludicrous. This was to assert that the PEOPLE have the right to themselves bear arms as they ARE the militia (and of necessity they should be ‘well-regulated’). Besides, what part of “Shall NOT be infringed” is unclear?

        • Excellent…excellent.

      • Von Steuben helped change that. Financing from Haym Salomon helped. But Militia and Irregulars continued to fight side by side all along. Well regulated meant what it meant then, and still means what it meant then.

        • Only now, it means that all the militia, and especially the UNORGANIZED militia, has a responsibility to contribute to being well regulated…through self-regulation while waiting for any orders, and in the mean time by serving their communities.

      • Incorrect. They were REGULAR Armies. While the “minute men” were more of an hoc group that a formal militia as recognized by the then colonial Governor, they had been members of the militia and were accustomed to the training in rudimentary drill and application of arms. They would never have been considered as proficient as regular army, being volunteers as well as part-timers.

  13. Maybe the Justice should go out and look to see how many states that require a standing milita and no not the
    National Guard.

  14. A very important thing was left out of this discussion. It is WHO, exactly, is the Militia? The short form answer is: All Americans. It is codified in US code [ see below ]. Each of us, [ now read without regard to age or gender], are members of the un-organized Militia. Don’t confuse that with dis-organized. It simple means “not part of any specific military organization”. It is the operative principle that permits a military draft.

    Or if you would rather, take a look at the actual legal definition of the militia as set forth in the United States Code:

    Section 311 of US Code Title 10, entitled, “Militia: composition and classes” in its entirety:

    “(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

    (b) The classes of the militia are —

    (1) the organized militia, which consists of the National Guard and the Naval Militia; and

    (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

    Still doubtful? Check it out for yourself at Findlaw.com

    Read this expostion: http://www.awrm.org/mission.htm

    The Swiss are also ‘organized’ in the sense that Swiss can be called on to serve.

    How many? Around 3 million:

    Fit for
    military service1,510,259 males, age 16–49 (2009 est.),
    1,475,993 females, age 16–49 (2009 est.)

    They train and then take their guns and ammunition home.
    They can raise 3 million of their militia in hours.
    Forget the banking deterrent. Both the Germans and the Russians knew that facing 3 million armed Swiss was a no-win for them. They don’t even have to be good shots when 3 million people squeeze off one shot each,…with 20 or 30 more rounds in the magazines….each.

  15. I’ve owned a few rifles and shotguns in my time. Never once bought one to overthrow the government. Just used them to go plinking and hunting. There are a lot of good Americans who are responsible gun owners. This argument that Desai is making is being used to stir up the people in anger so they can say see, I told you those right wing gun owners are crazy mad people. And its working. Hate to say it, but the libs are stoking the flames of hate in this country.

    • Different guns have different purposes – deer hunting, duck hunting, small game/plinking, self defense and offense. Stay ready.

  16. To me it is cut and dried, “the right of the people to keep and bear arms shall not be infringed”. How much clearer can it be said.

  17. The liberals also forgot the militia at the time, was any man 18 and older who were called to defend themselves and their towns who can be called to action. Also, their guns were kept in their homes, not an armory.

  18. Well then take the first amandment and apply that to Desai.. If he is not a news paper he can not have freedom of speech . Isn’t that for a free press and the press was a paper press ,,,

  19. Proud US vet/American

    How hard is it to understand”…shall not be infringed.”? The assault on the 2nd Amendment will NOT end as long as there is a “Progressive leftist” Democrat left in America! The destruction and total rewriting of the Constitution is their ultimate goal. Or, should I say total government control over the Constitution? Even people without a legal degree can read the Constitution and understand what it says. It is very clear and concise in its meaning-it is only when the politicians try to make it say something that it doesn’t mean that it gets completely “screwed up” and out of kilter. America’s never going to have peace of mind, as long as the Obama lover’s and his regime of malcontents have any power. The next POTUS has to completely fumigate the entire government of any and all Obama “leftover’s” and get rid of them from any government service jobs, period! This will begin America’s recovery from the most destructive and darkest days of her illustrious history!

    GOD BLESS THE UNITED STATES OF AMERICA!

  20. Is the Second Amendment misinterpreted?

    Only be socialist Liberal Progressives bent on dying under communist rule.

  21. By God, I gave my all in 1966, and you can see the results today. Thanks to Monsanto, and the F’rs GMO Agent Orange Dioxin, that if given the chance would shove a handful down every CEO’s throat. I’ll not let a piss ant Potus or any politician dictate to me what I can and can’t have to defend my family and pets from any enemy foreign or domestic. And we all know Ovomit is a domestic and foreign enemy of the American people. I still smell as I have for the past 3 years Civil War on the horizon. Only the smell is getting stronger.

  22. Nick Desai is correct.

    • FU – Go finish your Kool-Aid, Lib Licker ………….

      • You embody the problem with today’s conservatism in American: No ability to conduct a reasonable discourse, accompanied by hatred of those who think differently. Sadly, American conservatism evolves to ward something that begins to resemble a totalitarian ideology.

        • You & Nick … peas in a pod ….
          You not only think Different, you think WRONG!
          ….You rode the Short bus to school, right?

  23. The HUFFINGTON, PUFFINGTON POST. An anti-american RAG filled with Anti-American pieces of sh*t. The 2nd Amendment of the United States Constitution is very clear, very consice, unmistakable. Including: SHALL NOT BE INFRINGED. Now if the little gun grabbers don’t like that, pack up your anti-american crap and move to Saudi Arabia. Hell, there they can even force your thoughts.

  24. “Desai” is a foreign name endemic to India/Pakistan. He’s just another run-of-the-mill progressive multiculturalists bent on undermining Western culture.

  25. They need to focus more on what “the right of the PEOPLE…shall not be infringed”. It does not say the right of the militia.

  26. Clearly, they have not read the words of the authors of the 2nd Amendment; James Madison and George Mason. Both gentlemen were called upon to explain what they had written. They appeared before the state legislatures to do so during the Constitution ratification process. The state legislatures adopted the 2nd Amendment as they wrote and explained it, and went on to adopt the entire Constitution. Thereafter, the individual states essentially copied the federal Constitution as their state constitutions. From then on, the people freely adopted every new firearm technology up to and including fully automatic weapons. The federal government proved this to be true when, at the conclusion of the Civil War, those who fought for the Confederacy were allowed to retain their weapons upon taking the oath of allegiance to the union. Throughout the decades, soldiers returning from conflicts were permitted to retain their firearms. Today, that only applies to General Officers who are allowed to retain their issued sidearm if the so choose.
    It was not until the illegal action of Congress and the passage of the National Firearms Act which changed the clear rights of American citizens. The Constitution states that the means to change any rights of the people is by the amendment process, for only the people have the right to change their rights… not by representatives In passage of the National Firearms Act, the government circumvented the constitutional mandate and subsequently changed the rights of the people.
    Furthermore, outside of the cities, the people hunted for their food, and to that end, they owned firearms of many types. That was a common, everyday activity right up into the 20th Century.
    George Mason said that every able bodied citizen was automatically a member of the militia. He further said that everyone should be trained from a very young age, how to maintain their weapons and use them to good effect. James Madison said that the militia was not expected to march to and fro, nor waste powder and shot in training for what they already know how to do. Their individual words still exist in the minutes of the state legislatures and their personal writings. (Ref “The Federalist Papers” and other writings).

  27. All he has to do is to read the Federalist Papers to find the true intent of the founders.

  28. The 2nd amendment might have said it this way “THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED SINCE WE WILL HAVE TO SELECT FROM THEM THOSE WHO WILL BE CHOSEN TO FORM A MILITIA:”.

  29. I remember once a gun rights group asked a local english professor to review the Second Amendment and answer the gun control claim about it being “too confusing”. The professor said not only was it not confusing, he wished all other laws could be written in such clear, precise language.

  30. The Founding Fathers wrote the 2nd Amendment to be a single, clearly stated sentence and it is not misinterpreted at all except by those wishing to disarm American Citizens in the fact of the Christmas Eve passage of the U.N. Small Arms Treaty. The U. N. is not sovereign here. They have not the Authority to abrogate the 2nd amendment of this or any OTHER amendment to THIS country’s constitution . Neither can this president unilaterally make that decision and if Congress tries to, there will be a 2nd American Revolution and it would be JUSTIFIED since there has been little constitutionally compliant under the rule of Law in THIS country since 2 November 2008. We need to remove many people in government as corrupt and New World Order trolls loyal to the U,. N. and NOT the country or constitution they are SWORN to defend against all enemies; foreign and domestic; NOT BECOME SUCH! I can think of 28 million Honorable reasons to think so: they are called VETERANS, along with 2 million plus HONORABLY serving Active military who, unlike the parasites in Washington, D.C. HONOR THEIR OATHS!

    • CONSIDER THIS – – –

      305 MILLION Americans …. over 1/2 own guns – most are retired Army, Navy, Air Force, Marines, Coast Guard, National Guard – Military – also Police, Sheriff, Highway Patrol and Private security.

      You really think that an order from Obama (** Martial Law** ), will be followed for our Military (or UN) to attack our families, friends, neighbors and relatives ?

      NO WAY! – obama’s so-called “army” will be out-numbered 250 to 1 !!

      • I am one of the previously honorably serving Army vets. You are absolutely correct and I hope the government realizes they can only cause so much trouble for so long before human nature demands a response THEY will like it no better than we who will be victimized by it but who will take a terrible toll on those they KNOW are responsible for it! Face facts: this government can hardly be respected for doing what is Right for American citizens, actually quite the contrary and, in spite of the comments of Jonathan Gruber, That government is less inteligent than those who elected it or they would NOT be continuing as they are!

        • Alice-Annette Schultz

          May I enter a conjecture here: 0vomit has never actually driven across our country. He always flies, and his limos leave early and show up at his arrival spot; but he has never actually driven the length of this country himself! I’d be willing to bet that he thinks the total sum of our country is made up of NY, Chicago, Los Angeles, and a few other major towns and that is it. Nothing could be any farther from fact. And I am sure he thinks everyone Not living in those cities is a stupid peasant. Consider his upbringing, and his association with the Muslims. They do not think like we do; and it is obvious he sure doesn’t. Just a thought.

          • I hadn’t considered that conjecture but it certainly makes sense when taken with his stupendous arrogance and emphasized Narcisisstic personality disorder. I fully believe him to be no more than a tool used by New world Order statists and others totally inimical to this country. He is not intrinsically bright enough on his own in my estimation todo many of the things he has done since all of them are pretty much colossal failures and the programs and policies he promotes are all designed to discomfit and deny American citizens choices and attack their constitutional freedoms. He has no real conception of Heartland America; those who do NOT occupy large industrial cities but comprise the majority population of the country. He has said a number of times that Americans are too stupid to rule themselves and need to be “guided,”, for their own good. It sounds Marxist in many ways as are his programs and dictatorial as well which is HIS personality. Ironic isn’t it, that he conceives us to be , as you describe it, as stupid peasants when in actuality, the description is more appropo of his cupidity in being used and in his obvious failure and the ongoing scandals one after another that have arisen from his and his party’s incompetence and ineptitude. I am being kind in that description but, he has had a criminally complicit congress that has enabled him to become the most dangerous threat to constitutional law and freedom as a sitting president this nation has seen in my lifetime, and I am 70 years of age.

          • Alice-Annette Schultz

            That pretty much nails it, and I love your vocabulary!

          • Well thank you for the kind kudos and your perspicacity in the ability to see truth and not deny it. I am not always right; never claimed to be. I think myself to be reasonable with those who are equitable as long as they are civil. When I am assaulted by arrogance and essential imbecility,, I react as any intelligent entity would; recognizing the futility of feeding the egos of trolls and hopeless sychophants of the sad status quo: even though it is OBVIOUSLY DETRIMENTAL to the benefit of most American citizens and, IT IS NOT ALL POLITICAL OTHER THAN IN THE RESPECT THAT OUR LEGISLATOTRS HAVE LONG BEEN REMISS AND ABSENT IN THE DISCHARGE OF THEIR DUTIES AND OBLIGATIONS TO THEIR AMERICAN CITIZEN CONSTITUENTS, and not ever Tarik, Diego and Hamid whose first act on our soil is to VIOLATE American law and be rewarded for it; AT TAXPAYER EXPENSE! I mat have to accept it…..for now, but, I do NOT have to approve of it as an honorably serving, disabled veteran and much put upon elder , and, I WILL NEVER WILLINGLY ACCEPT IT! Neither will I lower myself to the level of the trolls who think it a crime to be articulate and educated as well as CONSTITUTIONALLY LOYAL, AS WAS MOST OF MY GENERATION; who were taught actual, not revisionist American History and to think for ourselves and question authority; not blindly accept propagandistic conditioning as IS the case in the public school systems: TODAY!

  31. Vernon Cunningham

    There are 2 parts to that statment separated by a comma. The first part is a qualifier to explain what the right is composed of. So ” because a militia ( the people) is necessary ( the only means) for the security ( protection) of a state ( any one of the 50) , ( comma )( the real essence of the right ) The right of the people to keep and bear arms ( any weapons they deem necessary) shall not be infringed. ( the government can’t confiscate nor regulate. ) Only the states have the power in their borders to regulate arms, and it is the peoples choice not the law mkers and professional politicians.

  32. Looking at the wording of the amendment,
    A
    well regulated militia being necessary to the security of a free state –
    See more at:
    https://patriotnewsdaily.com/is-the-second-amendment-misinterpreted/#sthash.7sQOFMXg.dpufthe 1st phase, “A well regulated militia being necessary to the security of a free state,” is a unique feature of only that amendment. It says that the government, out of necessity, must have some ready military capability to defend the nation. The founding fathers recognized that the government must have what they feared the most, a standing military force which could be used against the people to deprive them of their rights.

    The colonies were still recovering from a war against arguably the premier well regulated militia in the world, the British Regulars. George Washington did not command a well regulated militia, but he defeated one while leading arms bearing volunteers. The vaunted Minute Men were NOT a well regulated militia but they were armed citizens and the Found Fathers wanted to preserve their heritage.

    The Constitution means what its writer(s), signers, and voters understood it to mean rather than what some slimy lawyer who became a Supreme Court judge thinks it ought to mean.

    A
    well regulated militia being necessary to the security of a free state –
    See more at:
    https://patriotnewsdaily.com/is-the-second-amendment-misinterpreted/#sthash.7sQOFMXg.dpuf
    A
    well regulated militia being necessary to the security of a free state –
    See more at:
    https://patriotnewsdaily.com/is-the-second-amendment-misinterpreted/#sthash.7sQOFMXg.dpuf

  33. Dear Nick “Satan” Desai.: We were a people living on this continent for hundreds of years before our freedom, armed to the teeth, before the constitution showed up, and not slaves to British whim.

    The Constitution does not give us Rights, you slaver scum, but says specifically what rights that shall not ever be infringed by the Feds.

    The Militia were not a Federal institution, because the Continental Army was not a drafted Army but volunteer free men.

    Citizens, who brought their own guns and ammo, and did not have to turn them in when they got home.

    Do you know why, Nicky sweetie? Because there were wild animals that would eat them, if they were in wilderness areas, or natives who would attack them if in a bad mood, or robbers and pirates, or the French, from time to time.

    Only effete waffles like you feel free to challenge freedoms, because you forget that Europe is under seige by sweaty foul tempered crazys from the Middle East, commiting arson, rape and murder, because the “civilized” Europeans are unarmed, and the government is catering to the immigrants.

  34. Linguistic and grammar scholars have debunked this ignoramuses argument. We actually should be able to own fully automatic weapons, and pretty much any “Arms” our federal govt. currently has in it’s arsenal. In fact…, we do own them cause we paid for them. Our govt. would be so much different if we in fact possessed these arms personally. I have and will always have no problem with any law abiding citizen to own whatever gun they want. I believe it’s our right as stipulated in the 2nd A. These type of Liberal dingbats always try to argue this from a personal agenda standpoint. They will lose the debate every single time when based on facts & the way the 2nd was actually written. I say to all Liberals…, get over it & grow up.

  35. The men at Concord and Lexington were
    individual citizens who for their own protection created for themselves not a
    military entity but a self established militia not subject to any government
    dictate. And that is the reason they fought…..to protect their right to bear
    arms from being confiscated by the British sent to do just that.

  36. Desai’s take on the 2nd Amendment didn’t even exist before United States v. Miller, 307 U.S. 174 1939.

  37. Buzg, you got that right….Time to export the garbage out to sea…..

  38. One of the very best books on the subject is Les Adams’ “The Second Amendment Primer” See if you can find a copy of it. Adams is an attorney who had heard both sides of the argument, and decided to educate himself by searching documentation back to Medieval England from whence came our English common law. It is not “bedtime reading,” but a well-researched book. Keep a copy on your reference book shelf forever and you can’t go wrong. Clearly, Desai nor his hero, Warren Burger, are scholars on the 2nd Amendment, just another bunch of opinionated gun grabbers.

  39. The Huff Post isn’t worth covering the garage floor with …………………..

  40. Another disassociated , non- responsible, self annointed sacrosanct. Typically these characters have NEVER had a relationship with the real world beyond concrete bound wireless. The new paradigm is ‘urban troglodite’ (copyright mine). These poor souls spend their days dragging their knuckles across the concrete and asphalt as they dart from one man-made cave to another. Nothing would do them more good than a season working on a Wyoming cattle ranch.

  41. Anything regarding guns, illegals and racism emanating from the HP should immediately be dropped in the trash.

  42. In his farewell speech, G. Washington warned the nation that the dangers to freedom and citizens’ rights would come from within, not outside. We now see the truth of that warning; our current govt. is our enemy!.

  43. Guns are America’s first and last line of defense against a would-be tyrannical government, like the current one.
    Half of adult Americans own 1 or more guns; the other half may soon wish they did, too! Our would-be tinhorn dictator in the WH will do anything and everything he can get away with to undermine this nation; declare martial law, and cancel the 2016 elections. The handwriting is on the wall, in “red” letters!

  44. Liberal = liar

  45. I am currently writing a book on this subject. The 2nd amendment was borrowed from the British militia laws. All citizens are in the militia whether they own a gun or not. Britain required all citizens to own guns. Wars were always fought by citizen militias. Standing armies were viewed as oppressive because they used force against citizens. That’s why North Carolina put a condition on the Constitution of no standing armies. Britain stripped their citizens of guns starting in 1902 because they were worried about a communist revolution. The problem was that communists never gave up their guns. We the left demands you turn in your guns, they’re stripping away your defense.

  46. THE SECOND AMENDMENT IS NOT MISINTERPRETED , IT IS JUST A BUNCH OF HIGHLY EDUCATED MORONS THAT DO NOT KNOW HOW TO THINK FOR THEM SELVES. THEY JUST BELIEVE WHAT SOME DUMB ASS PROF. LECTURES ON.

  47. The Founding Fathers had a better understanding of grammar and punctuation than most Americans will ever have. If they thought the militia was the only group to keep and bear arms, they would not have placed a comma between the “sate” and “the.”. They are essentially describing two groups who should never have their rights infringed upon to keep and bear arms. Now, onto present today, those gun control freaks out there trying to deny gun rights to us are, in fact, encouraging terrorists and mentally unbalanced people to attack us especially in areas where the gun control mob has been successful like NY, MD, NJ, MA, CT, IL, CA, and other states that have placed their citizens at risk of maiming and death from the likes of sub-humans that recently invaded Paris. Guns save lives and if those hostages had guns, things might have been different. We must be armed. The world is now a different place to live, and anyone thinking as irrationally as the gun control group should be advised that they too are at risk, if not more so.

  48. How can you misinterpret “the right of the people to keep and bear arms shall not be infringed”? That is a pretty straight forward declaration in my book.

  49. Our Forefathers were aware of lawyers. That is why they wrote the Constitution in plain everyday language where there is NO need for an interpretation from an attorney. That is exactly what is wrong today. How many laws are there? How many really mean the same thing and how many actually oppose each other? Why are there laws against sodomy yet we are not politically correct IF we dislike homosexuals? Why was the Sancity of Marriage Act passed and signed into Law by a homosexual who refuses to enforce it when that is their primary duty and they took an oath to enforce the Laws. Then we have judges and justices , which are nothing more than glorified lawyers who interpret the Laws. Interpret means take a shot at or their best guess at what this or that law means. So why do we make all these laws that no one person can ever remember and if they do remember how the he’ll can they be held liable for something they can’t understand? After all are laws only made for those who write them or for the common Joe on the street?
    My friend our forefathers were smarter than all of the attorneys put together. Don’t try and twist it. Don’t try to interpret their words. They are plain and simple for a reason.

  50. Read the ISIS manifesto then tell us guns are unnecessary. It sounds like this Nick Desai is a jihadist sympathizer.

  51. Of course it is (misinterpreted that is), the question is: Whom is misinterpreting it and in what manner(s) is it being misinterpreted?

  52. John Paul Stevens is no better and probably a lot worse. Same BS, different ass.

  53. MADISON WAS A FEDERALIST, AND EVEN HE RECOGNIZED THE INDIVIDUAL RIGHT…”The advantage of being armed, which the Americans possess over the people of almost every other nation … forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.” — James Madison (1788). Washington, a Federalist as well, did desire a strong central government and a disciplined military, and a strong hand against insurrections. However, this must never be misconstrued to mean that he favored any infringement on individual citizens’ natural rights. To the contrary, he depended on men to whom the law was a cherished thing, to exercise those natural rights as part of an inpenetrable defense in the far reaches of the nation. To be well-regulated was to be self-regulated with utmost possible self-discipline, and when called for, subordination of the armed unorganized to local civil authority, for purposes of defense of the homeland.

  54. Just a thought, suppose one had to get a license to speak at a town board meeting or write a letter to the Editor or such, the freaking looney ACLU would be filing lawsuits every minute. Also, a driver license I’m told is a privilege, where I live driving is a necessity, no public transportation. That said, this privileged Drivers License is accepted in EVERY State, yet a full carry license, especially one from the (Wel-Fare, Illegals please come here), State of NY is not recognized hardly anywhere. Bad enough they VIOLATE the Second Amendment as is,”Shall Not Be Infringed” with their license BS, but I can’t legally protect my Family when traveling through the United States via my privileged driving of my Automobile.

  55. In-so-far as go the routines offered for sale by those who claim that The Second Amendment does not guarantee an INDIVIDUAL RIGHT, yes, it is being knowingly and deliberately “misinterpreted”.

  56. If that Damn “Comma” would just go away. (Don’t worry, I’m more than happy it’s there)

  57. chief warren burger is an Obama Marxist, appointed by a Marxist ( new world order president) these people read the constitution like a benedict Arnold.

  58. Yes it is misinterpreted by the biggest crooks in the land, lawyers. The Constitution and Bill of Rights were written in plain everyday English so there would be no need for interpretation by a lawyer or judge. Now laws are written in legal language. No one can understand that. That’s why we have the unSupreme Court. So a group of crooks can give their best guess of what THEY think it means. And this is not an unbiased opinion. They do not wear blindfolds as does Lady Justice.
    How the hell can someone obey something they can’t understand?
    Everyone can understand plain English but an attorney. They can’t understand a damn thing but money.

  59. Liberals also ignore the rest of the sentence which states: “being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” Emphasis should be on “the right of the people” -not just the militia. Dictators and tyrants usually disarm the populace before they victimize the people.

    being
    necessary to the security of a free state, the right of the people to
    keep and bear arms shall not be infringed. – See more at:
    https://patriotnewsdaily.com/is-the-second-amendment-misinterpreted/#sthash.7cLzQ2qj.dpuf
    being
    necessary to the security of a free state, the right of the people to
    keep and bear arms shall not be infringed. – See more at:
    https://patriotnewsdaily.com/is-the-second-amendment-misinterpreted/#sthash.7cLzQ2qj.dpuf

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