borntobesting:
The second amendment as it was written in 1789 does not say that you have the right to own a gun. "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 key word there being militia. Because at the time just about everyone was a member of some sort of militia to protect our new country. Today we have a strong military to do that so militias are not needed. Any militia today is considered militant and illegal.
1. The supreme court has settled this as law of the land
2. The supreme court also looked at the founding fathers intent and the right to firearms is cited not only in the federalist papers but in numerous writings by the founding fathers.
3. The milita at the time was the citizens since there were was no free standing military authorized at the time.
4. So you are saying that the National Guard in each state is thus illegal and the common citizen soldier covered under not only Title 32 of US Code but each state constitution is unconstitutional. They are in definition and still considered a state militia. What about posse comitatus, state militia's are exempt from them thus as well as a standing reserve for the Armed Forces. The word National Guard is just a title and they are still controlled by the CIC of each state, the governor.
A good argument but the bottom line...the right to own a gun is inherent in the American way of life and I believe any attempt to remove them from the citizens would probably end in another revolution in this country. IMO