Oh, Geez. Not that again!

Post #124,518 by mmoffitt 11/6/03 4:11:04 PM 11/6/03 4:13:09 PM Reply	Oh, Geez. Not that again! Edit: Added link, so you can read it yourself. ;-) ...my Constitutional right to keep and bear arms You don't have such a right. Read the Law. Read the USSC's rulings on the Law. See Miller in 1939 or Lewis in 1980, especially footnote 8, which reads, in part as follows: See United States v. Miller, 307 U.S. 174, 178 (1939) (the Second Amendment guarantees no right to keep and bear a firearm that does not have "some reasonable relationship to [445 U.S. 55, 66] the preservation or efficiency of a well regulated militia") [link\|http://www.constitution.org/ussc/445-055a.htm\|http://www.constitut...ussc/445-055a.htm] bcnu, Mikem Java, Junk. Both start with a "J", both have four letters. Coincidence? I think not. Edited by mmoffitt Nov. 6, 2003, 04:13:09 PM EST Oh, Geez. Not that again! ...my Constitutional right to keep and bear arms You don't have such a right. Read the Law. Read the USSC's rulings on the Law. See Miller in 1939 or Lewis in 1980, especially footnote 8, which reads, in part as follows: See United States v. Miller, 307 U.S. 174, 178 (1939) (the Second Amendment guarantees no right to keep and bear a firearm that does not have "some reasonable relationship to [445 U.S. 55, 66] the preservation or efficiency of a well regulated militia") bcnu, Mikem Java, Junk. Both start with a "J", both have four letters. Coincidence? I think not. Collapse All History
Post #124,522 by folkert 11/6/03 4:47:09 PM Reply	Well... I live in Michigan... /me looks around at the land... Nope not a Militia in Sight... Nope notta one. -- [link\|mailto:greg@gregfolkert.net\|greg], [link\|http://www.iwethey.org/ed_curry\|REMEMBER ED CURRY!] @ *i_wethey*
Post #124,613 by mmoffitt 11/7/03 12:07:42 PM Reply	Wasn't Terry somebody... of the Oklahoma City bombing from Michigan? I personally know a member of the Michigan Militia up in the UP. bcnu, Mikem Java, Junk. Both start with a "J", both have four letters. Coincidence? I think not.
Post #124,528 by Yendor 11/6/03 4:55:03 PM Reply	Miller case extremely doubtful ...and subject to overturning. [link\|http://www.keepandbeararms.com/Silveira/TenReasons.asp\|Read why]. From [link\|http://www.house.gov/Constitution/Amend.html\|the US Constitution's Amendments]: Article [II.] 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. Let me repeat: The right of the people to keep and bear Arms. Sounds like a Constitutionally-guaranteed right to me. Again, to quote from [link\|http://www.house.gov/Constitution/Amend.html\|the same link]: Article XIV. Section 1. [...]No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States[...] So here we see that Federal law trumps State law. And Federal law (as quoted above) provides me the right to KABA. -YendorMike [link\|http://www.hope-ride.org/\|http://www.hope-ride.org/]
Post #124,540 by Yendor 11/6/03 5:36:35 PM Reply	Also, further reading on the definition of a Militia: [link\|http://www.keepandbeararms.com/news/nl/disp.asp?d=11/6/2003\|Link]. Second story down, as it currently stands. Title is "Right to bear arms isn\ufffdt in Second Amendment" -YendorMike [link\|http://www.hope-ride.org/\|http://www.hope-ride.org/]
Post #124,541 by ChrisR 11/6/03 5:41:06 PM Reply	Only two years left on my militia duty dang, I lose my militia rights when I turn 45. :-)
Post #124,565 by pwhysall 11/7/03 2:00:13 AM Reply	Point being... ...the constitution gives you the right to bear arms so that if needed, you can be part of said well regulated militia. It's a conditional right; you get to bear arms if you don't mind wielding said arms on the country's behalf. Sounds reasonable to me. Peter [link\|http://www.debian.org\|Shill For Hire] [link\|http://www.kuro5hin.org\|There is no K5 Cabal] [link\|http://guildenstern.dyndns.org\|Blog]
Post #124,612 by mmoffitt 11/7/03 12:05:45 PM Reply	Exactly. Contrary to our myths (mostly developed by Colt in 1800's) most colonists didn't have guns. There simply weren't that many around and "our" Army needed all they could get. So, hit the people up for them (what few they had anyway). AFA "subject to reversal", interestingly Miller has been cited at least twice in subsequent USSC cases as precedent for further restrictions on firearm ownership (the ban against felons carrying them and the assault rifle ban). Hardly sounds like reversal is in the picture - they passed on at least two opportunities already - with largely Reagan/Bush appointees at that! But take heart, Yendor, we do have a right to private firearm ownership. That is because the Bill of Rights is not an exhaustive list. Since private ownership of firearms having nothing to do with a State's militia is not contemplated by the Constitution, we have a right to private firearm ownership for as long as the Congress does not pass legislation prohibiting it. bcnu, Mikem Java, Junk. Both start with a "J", both have four letters. Coincidence? I think not.
Post #124,615 by mmoffitt 11/7/03 12:12:17 PM Reply	ROFL! Since 1939 the Miller case has been cited to support negative decisions in every federal circuit but the Fifth in Emerson. The Silveira cert petition exposes the poor reasoning of Miller thoroughly and asks that those parts of it that are historically and constitutionally wrong be overruled. Poorly reasoned? Would that be because the Justices can read? Think it's a coincidence the NRA quotes the amendment "...the right of the people to keep and bear Arms, shall not be infringed."? It's those little ...'s that give the NRA so much trouble. It's called context. Now, which argument is it again that is "poorly reasoned"? bcnu, Mikem Java, Junk. Both start with a "J", both have four letters. Coincidence? I think not.
Post #124,754 by boxley 11/8/03 4:21:51 PM Reply	arnt you the same guy that whined about the USSC and bush? "You're just like me streak. You never left the free-fire zone.You think aspirins and meetings and cold showers are going to clean out your head. What you want is God's permission to paint the trees with the bad guys. That wont happen big mon." Clete questions, help? [link\|mailto:pappas@catholic.org\|email pappas at catholic.org]
Post #124,905 by mmoffitt 11/10/03 9:08:47 AM Reply	They're supposed to determine the law, not elections. bcnu, Mikem Java, Junk. Both start with a "J", both have four letters. Coincidence? I think not.

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