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Old 09-03-2019, 01:03 PM
puddleglum's Avatar
puddleglum is offline
Join Date: Oct 2000
Location: a van down by the river
Posts: 6,704
Originally Posted by Jay Z View Post
Over time, the Constitution HAS taken more of a "handed down by God" aspect. May not be right, but I have seen it with my own eyes.

As far as the militia stuff goes, it seems to me that there was either an affinity for it, or the Founders thought it would work better than it did. A militia is completely ineffective as a fighting force. It's why we have the largest effective standing army in the world. The militia never, ever worked.

Rights conflict with each other. People were required to turn in their guns in the old Western towns. It made sense for people to have guns out in the frontier, out of town, when you might have to be your own law, or protect yourself from animal predators. Guns in town were more likely to be used to rob the town or shoot someone else in a drunken argument. They are two different life situations. Controlling the gun population in the town made the town better, made more people want to move to the town. The gun control of the town did not extend outside its borders, rules were different outside the town.

It's clear that 2A meant that some arms were allowed. Did the founders mean that the right to bear arms was absolute, it should trump every other right? You may have the right to free speech. But I can own private property, individually or with a group, and prevent you from setting foot on that property and exercising your free speech right. If the right to bear arms is more absolute, if the rulings are that jurisdictions cannot assemble and make any law controlling the right to bear arms even to a small extent, that is a different matter. Obviously in the old West no one went to the Supremes and sued based on their right to bearing arms should trump all jurisdictions. Today they are doing that. You'd be allowed to have your guns in town, everyone would, the robbery rate and drunking shooting rate would skyrocket.
Until the 14th amendment the Bill of Rights only applied to the Federal government and states were free to establish churches, quarter soldiers, and regulate guns as they saw fit. Most of the the Western town's antigun laws were passed during a period before case law clarifying that the Bill of Rights did apply to them.
They still only apply to governments so private entities can restrict any rights they want to.