eli_underhill t1_iweba2f wrote on November 15, 2022 at 12:22 AM

Reply to comment by bp92009 in Seattle students planning walkout on Monday following Ingraham High shooting by greenhousecrtv

Can you show me a Supreme Court opinion from 1822 stating that the 2nd amendment applies to the government’s right to keep and bear arms?

bp92009 t1_iweevbj wrote on November 15, 2022 at 12:50 AM

What an odd year to bring up. Here's two decisions that DC vs Heller effectively overturned, in practice if not officially, by inventing the private right to firearms, rather than its function in a militia (which in turn could generally be regulated by the states).

https://en.m.wikipedia.org/wiki/United_States_v._Miller - 1939, restriction of firearms not used by the military (short barreled shotguns aren't used by the military, don't relate to the performance of a militia, and aren't protected under those rules).

"it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense."

"With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view"

https://en.m.wikipedia.org/wiki/Presser_v._Illinois - 1886, Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States. This included their personal equipment.

Private ownership over firearms was seen as something that states could (unless their own constitution prohibited it) restrict, and said States could also restrict non-federal militias and the actions and equipment those militias possessed.

DC vs Heller overturned this by creating the personal ownership right out of thin air, untethered to a militia, in defiance of the prior interpretations of the second amendment, since it was passed.

eli_underhill t1_iwegvg4 wrote on November 15, 2022 at 1:05 AM

The 1822 was in reference to you saying that there have been decisions for the last 200 years.

As for the 1939 part, cool. I’m fine with having access to what the military has. It doesn’t make sense to limit SBRs anymore by that standard, because they’re used by the military today.

The main takeaway from the Presser case was that there is no Second Amendment violation when a state bans private citizens from forming personal military groups, drilling, and parading.

bp92009 t1_iwehiy8 wrote on November 15, 2022 at 1:10 AM

Again, I don't see anything about personal ownership of firearms being protected, because it did not exist outside of relating to a militia, until that right was invented in DC vs Heller.

If that right existed and was recognized by the courts, from 1788 - 2008, please let me know and link the court cases.

eli_underhill t1_iwehuna wrote on November 15, 2022 at 1:13 AM

It didn’t have to go to court, it was clear in the wording of the 2nd amendment

bp92009 t1_iwem7qe wrote on November 15, 2022 at 1:46 AM

Try again, it was previously able to be restricted, and laws implemented by states made no allusion to any personal ownership outside of a militia.

DC vs Heller the first to recognize that interpretation.

If you disagree, please provide citations as to what court case previously recognized personal ownership being the core point of the second amendment.

Laws were on the books that infringed on personal ownership, and the two cases I provided made no reference to any personal ownership, outside of those relating to a militia.

If it was clear in the wording, then why was the first part about militias even included, and why were other restrictions made by states prior to the decision allowed to stand prior.

eli_underhill t1_iwennyq wrote on November 15, 2022 at 1:57 AM

You don’t get to just say “if the Supreme Court didn’t decide it, it’s not the law.”

Could we start arresting people who speak out against Joe Biden? It will be perfectly legal until the Supreme Court says it’s not, right? Or do you think that the 1st amendment is clear enough that you can’t arrest people for speaking out against their leader?

I still don’t understand why you think that something in the bill of rights is talking about giving power over the people, and not to the people, when every other part of it is giving people rights.

The beginning of the transcript for 1789 joint resolution of congress to amend the constitution said “THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”

Key terms here are to prevent misconstruction and abuse of its powers, and to extend public confidence in the government. Do you really think after saying that, they’ll say that it’s the right of the government to keep and bear arms, or the right of the people? I’ll give you a hint, the second amendment says clearly “the right of the people.” How is “the right of the people” possibly misconstrued?