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Gun Control Who Has the Right?

Gun Control. Who has the right? Congress or the People?

I am noticing an increasing tendency of people these days to quote the Second Amendment in order to support their so called rights. The Second Amendment reads as follows; 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.

Having posted that I will point out that it does not state what kind of arms a citizen shall bear.  I also note that it does not state anything about ammunition of any kind.  Does this mean you have the Right to keep automatic weapons?  No, not unless you are an Armorer who maintains an Arms Room for a Company of soldiers.  Does this mean you can stock-pile as much ammo as you want?  Yes, as long as you have the money, room, and weapon for that ammo. 

I am a Retired Soldier who is concerned that many out there will use this loop-hole to make off with automatic weapons.  Let me point out here that the Constitution of the United States does not state in any form what kind of weapon you shall have.  Nor does it limit Congress to keeping automatic or semi-automatic weapons available to the public. Again the Second Amendment states 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.  Notice the part about a well regulated militia.

A militia is 1 a : a part of the organized armed forces of a country liable to call only in emergency b : a body of citizens organized for military service 2 : the whole body of able-bodied male citizens declared by law as being subject to call to military service . In other words the Reserves and the National Guard.

The rights of the Military verses the Civillian population was never intended to be made public. However with the popularity of military grade weapons available to the public I will point out that the average person is in actuallity violating the Second Amendment when purchasing military equipment.  Say what?!!!!

Currently there is no draft for the U.S. Military on the books.  This means that the average citizen is not part of the Militia.  The second definition of militia allows for a draft.  I have not seen nor heard of a draft of civillians for military service.  Notice the second definition again where it states able-bodied male citizens.  If a female purchases a military grade weapon she is most definitely not a male and should not be subject to defend herself with an automatic weapon of any kind.

The definition of able-bodied is having a sound strong body.  This does not mean I would draft someone who was insane or lacking in the mental capacity to tell right from wrong.  They are both considered unfit for duty under the definition of sound strong body.  A sound body includes mental health and if your mind is broken it is not sound.

Finally it in no way states what kind of weapon you shall keep.  NRA not withstanding  there is no legitimate reason to keep military grade weapons in the home.  Deer, Squirrels, Rabbits, Coyotes, Snakes, or any other form of wildlife do not go running around the woods with automatic weapons shooting back at the hunters.  I am not saying you cannot hunt but I am pointing out that Congress does have the right under the Second Amendment to limit the kind of weapons available to the public.

Besides all of the above I will point out that a .30-06 is more powerful than a .223 round any day of the week.  I will also point out that a .45 will cause more harm to an intruder than a 9mm.  Why is that?  .45 is sub-sonic while the 9mm breaks the sound barrier.  The slower the round travels the more damage it does as it goes through the target.  Weapons choice is important when hunting but it does not mean you need military-grade equipment just to go to the woods.

Military-grade is defined as of and for the use of the military within a wide range of temperatures, gravity forces, and heights.  This definition is not all inclusive but points out that most items are designed to withstand incredible forces and temperatures and still keep on working.  What most people don't understand is that you pay a whole lot of extra just to meet those standards for something you will not need under civillian conditions.

I will explain here further.  Who needs a weapon that will fire at negative 180 fahrenheit when they are sitting inside of a nice warm house set at 72 degrees fahrenheit?  I doubt that any person reading this will even consider going out when the temperature goes below zero much less -180 F.  The average soldier does not get that kind of choice.  They have a duty and a guard post that must be manned no matter the conditions outside.

So in the end who has the right for gun control? Per the Second Amendment Congress.  They also have the Right and Need to keep military-grade weapons away from the civillian population per the Second Amendment.

Do you agree or disagree?

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Jason B February 26, 2013 at 06:34 AM
I disagree and here is why. One of MANY quotes by the very people who helped to create this nation and the Constitution. Tenche Coxe: “Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American… The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.” – Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788. You can twist the meaning however you want to, but the founders NEVER meant for the government to be able to control us by force of arms. In fact they intended for it to be the other way around. The 2nd Amendment isnt there so I can go hunting, it is there so I can defend myself and my country from those who would do it harm. A 45 does more damage than a 9mm because of the size and weight of the bullet not because of the speed at which it travels. A 45 at supersonic speeds would be more devastating than the subsonic version. Furthermore they can keep the full autos. I can shoot just fine with a semi auto. That all said, when the government infringes on a right that shall not be infinged by regulating us to subpar weaponry they are violating the intent of the 2nd. Im a farm boy, spent alot of days outside below 0.
Jason B February 26, 2013 at 06:44 AM
Missouri does have an official Militia independent of the National guard and recognized by the legislature. They are to act in reserve to the National Guard and have to supply their own equipment as a civilian volunteer group. Missouri Revised Statutes Title V Chapter 41 Military Forces Sections 41.030,41.050,41.060,41.070,41.720 August 28, 2005 Section 41.490 updated August 28, 2009 Definitions. 41.030. 1. The word "militia" as used in this code means all the active and potential military forces of the state, whether organized or unorganized. 2. Whenever reference is made in the articles of Uniform Code of Military Justice to the "military service" or to the "armed forces" of the United States the reference is deemed to include the military service and militia of this state. (L. 1951 p. 654 §§ 3, 4, A.L. 1961 p. 479
Jason B February 26, 2013 at 06:45 AM
State militia, members. 41.050. The militia of the state shall include all able-bodied citizens and all other able-bodied residents, who, in the case of the unorganized militia and the Missouri reserve military force, shall be more than seventeen years of age and not more than sixty-four, and such other persons as may upon their own application be enrolled or commissioned therein, and who, in the case of the organized militia, shall be within the age limits and possess the physical and mental qualifications prescribed by law or regulations for the reserve components of the armed forces of the United States, except that this section shall not be construed to require militia service of any persons specifically exempted by the laws of the United States or the state of Missouri. (L. 1951 p. 654 § 7)
Jason B February 26, 2013 at 06:46 AM
Organized and unorganized militia. 41.070. 1. The militia of the state is divided into two classes, the organized militia and the unorganized militia. 2. The organized militia shall consist of the following: (1) Such elements of the land and air forces of the National Guard of the United States as are allocated to the state by the President or the Secretary of Army or Air, and accepted by the state, hereinafter to be known as the national guard and the air national guard; (2) Such elements of the reserve naval forces of the United States as are allocated to the state by the President or the Secretary of the Navy, and accepted by the state, hereinafter called the naval militia; and the (3) Missouri reserve military force, when organized. 3. The unorganized militia shall consist of all persons liable to serve in the militia but not commissioned or enlisted in the organized militia. (L. 1951 p. 654 § 6)
Jason B February 26, 2013 at 06:47 AM
There is more, and i wont post it all at this time but you can read the rest of it yourself by going to their website.
Philip February 27, 2013 at 03:35 AM
Read the militia act of 1792 and as revised in 1930.
Philip February 27, 2013 at 03:37 AM
I did not put all sources in my blog but the ones that did not need a long form look up. Most of what I wrote could be found in the U.S. Constitution without needing to dig into the Militia Act of 1792 or it's revision in 1930. The rest were easily found definitions from Webster's Dictionary on line.
Philip February 27, 2013 at 03:43 AM
Jason B. Does your unit follow the Militia Act of 1792? or the Revised Militia Act of 1930?
Philip February 27, 2013 at 03:46 AM
I still say Congress of the United States has the right under the Constitution of the United States to control weapons, rather than the average person who is not part of any Militia or Reserve forces of the U.S. Military. Only Active Militia members may maintain weapons of war per the Militia Act of 1792 and its revision in 1930.
Cunninglinguest September 11, 2013 at 09:17 PM
Now I remember why I never did care for fruit cake. Thanks Phillip.

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