The right to keep and bear arms
MEB http://peoplescounsel.orgfree.com
keep and bear arms in The United States of America.
For some reason the Second Amendment is always referred to as the
defining aspect. It is not.
Discussions even transgress to the 14th Amendment as some how also
controlling such right.
I monitor misc.legal.moderated where a discussion is presently being
held under [of all things] the heading of:
getting off mailing lists.
That these contracts should be misconstrued is deplorable.
The context that the 'constitutional contract' was drawn in, must be
taken into consideration.
Strange how everyone likes to treat this national contract as if its
some plain old piece of parchment outlining ideas, rather than setting
forth the terms and conditions. Moreover, I find it comical that
supposed parties of intelligence and supposed schooling, appear to
mock its containments and import. Appallingly, it appears there may be
legal "professionals" involved in misleading discussions.
History reveals that the "militias' were drawn from the local
Citizendry when necessary, and disbanded after the need was dealt
with.
These Citizens generally brought their own arms with them, as the
State did not house vastly stocked armories. Issuance of arms and
ammunition could be obtained from the local armories when necessary,
though only so long as there where arms and amunition to distibute.
Beyond that, it came from those conscripted.
Though there were "standing" state militias at times, they did not
consist of large numbers of "soldiers" due to the cost of upkeep,
housing, pay, and other factors, such as: the fear "standing Armies"
could or would be used to inhibit the people's freedoms.
Wherefore, the male Citizendry of proper age were the potential
militias, uniquely women could also be called to serve in supporting
roles, or followed their husbands. The question has never been whether
the people should be armed, though we have seen attempts to
continually DISARM them throughout this nations history.
Moreover, every document or writing of historical import presumed or
stated the people were to always be armed to throw off any corruption
of the government that had been created. Reality dictates harsh in
today's world, at best it is a deterrent or bargaining tool.
The people can no longer be sure the federal military and state
police and National Guards would NOT work against them. Events
occurring over the last 70 years years, and particularly recently,
seem to indicate a distinct lack of concern by the governments.
Reviewing state contracts/constitutions wherein the authority lay {I
have placed the first few state's related clauses together}
[NOTE: Enabling segment refers to areas reviewed and/or found in
court rulings]:
ALABAMA - Article I, Sec.s 26, 27, and 28. Enabling - Sec.s 1 and 2,
in conjunction with the opening statement of the Declaration of
Rights.
ALASKA - Article I, Sec.s 19, 20, and 21. Enabling - Sec.s 1 and 2.
ARIZONA - Article I, Sec.s 26 and 27. Enabling - Sec.s 1 thru 4.
ARKANSAS - Article II, Sec. 5. Enabling - Sec.s 1, 2, and 3.
CALIFORNIA - there is no apparent definitive statement of such within
the Declaration of Rights. Inference from and direction to the federal
contract and under Article I Sec. 1 and other clauses of the state
contract.
COLORADO - Article II, Sec.s 3 and 13. Enabling - Opening statement,
Sec.s 1, 2, and 3.
CONNECTICUT - Article First, Sec.s 15 and 16. Enabling - Preamble, and
Sec.s 1 and 2.
DELAWARE [per 1974 version]- Article I, Sec.s 17 and 18. Here we find
no specific mention of such right.
FLORIDA [per 1968 version]- Article I, Sec.s 7 and 8. Enabling -
Preamble and Sec. 1.
GEORGIA [ratified 1945] - Article I Section 1, Para. 22. Enabling -
Preamble, Sec.s 1 and 2, Sec. 5 Para.s 1 and 2.
HAWAII [per 1968 version] - Article I Sec. 15. Enabling - Preamble,
it directly states adoption of the federal constitution, Sec.s 1, 20.
IDAHO [per 1975 version] - Article I Sec. 11, with an allowance of
legislative regulation. Enabling - Preamble, Sec. 1.
ILLINIOS [per 1970 version] - Article I Sec. 22, subject to police
power. Enabling - Preamble, Sec. 1, 24; Article II Sec. 2
INDIANA [per 1972 version] - Article I Sec. 32. Enabling - Preamble,
Sec. 1.
IOWA - No mention - Enabling - Preamble, Sec.s 1 and 25. Sec. 5 refers
to deuling.
KANSAS [per 1975 version] - Bill of Rights Sec. 4. Enabling -
Preamble, Sec.s 1, 20.
LOUISIANA - Article I Sec. 11. Enabling - Preamble, Sec.s 1, 24.
MAINE [per 1973 version] - Article I Sec 16 - Enabling - Preamble,
Sec.s 1, 2, 24.
MARYLAND 1867 - References federal constitution, noting: at no times
will the state and national contracts be violated.
MASSACHUSETTES - PART THE FIRST Sec. 17 - Enabling - Preamble,
Articles 1, 4, 5, 7, 10, 28.
MICHIGAN [per 1972 version] - Article I Sec. 6 - Enabling - Preamble,
Sec.s 1, 23.
MINNESOTA [per 1974 version] - Enabling - Preamble, Article I Sec.s 1,
16.
MISSISSIPPI 1890 - Article 3 Sec. 12. Enabling - Preamble, Article 3
Sec.s 5, 6, 32.
MISSOURI [per 1974 version] - Article I Sec. 23. Enabling - Preamble,
Opening statement, Sec.s 1, 2, 3.
NEBRASKA 1875 - Enabling - Preamble, Art. 1 Sec.s 1, 7, 26.
NEVADA [per 1974 version] - Enabling - Preamble, Article I Sec.s 1, 2,
18, 20.
NEW HAMPSHIRE - Part First, Article 13th [as amended 1964]. Enabling
- Articles 1st, 2nd, 3rd, 4th, 7th, 8th, 10th, 12th, 34th, 38th.
NEW JERSEY [per 1975 version] - Enabling - Preamble, Artcles 1, 2, 21.
NEW MEXICO 1911 [per 1974 version] - Article I Sec. 6. Enabling -
Preamble, Sec.s 1, 2, 3, 4, 5, 23.
NEW YORK [per 1985 version] - Article 1 Sec. 14 referencing 1775 Laws.
This constitution has been amended many times.
NORTH CAROLINA [per 1975 version] - Article I Sec. 30. Enabling -
Preamble, Premise, Sec.s 1, 2, 3, 35, 36.
NORTH DAKOTA [per 1973 version] - Enabling - Preamble, Article I Sec.s
1, 2, 21, 24.
OHIO [per 1974 version] Article I Sec. 4. Enabling - Preamble, Sec.
1, 2, 20.
OKLAHOMA 1907 [per 1975 version] Article II Se. 26. Enabling - Sec.s
1, 2, 33.
OREGON - Article I sec. 27. Enabling - Preamble, Sec.s 1, 33.
PENNSYVANIA - Article I Sec. 16. Enabling - Preamble, Sec.s 1, 2.
RHODE ISLAND - Article I Sec. 22. Enabling - Preamble, Preface, Sec.s
1, 2, 23.
SOUTH CAROLINA [per 1981 version] - Article I Sec. 20. Enabling -
Sec.s 1, 3, 21, 23.
SOUTH DAKOTA [per 1975 version] Article VI Sec. 6. Enabling -
Preamble, Sec.s 1, 26, 27.
TENNESSEE - Article I Sec. 26, 28. Enabling - Sec.s 1, 2, 24.
TEXAS [per 1969 version] - Article I Sec. 23. Enabling - Preface,
Sec.s 1, 2, 3, 20, 29.
UTAH [per 1973 version] - Article I Sec. 6. Enabling - Preamble,
Sec.s 1, 2, 3, 4, 7, 24, 25, 26, 27.
VERMONT Article 9th and 16th. Enabling - Articles 1st, 6th, 7th,
9th, 17th.
VIRGINIA Article I Sec. 13. Enabling - Preface, Sec.s 1, 2, ,3, 15,
17.
WASHINGTON - Article I Sec. 24. Enabling - Sec.s 1, 2, 30, 32, 32,
34.
WISCONSIN [per 1975 version] - Enabling - Article I Sec.s 1, 20, 22.
WEST VIRGINIA - Enabling - Article III Sec. 12, 20.
WYOMING - Article I Sec. 24. Enabling - Preamble, Sec.s 1, 2, 3, 7,
33 - 37.
Virginia's Bill of Rights is generally held as the model from which
the original 12 Amendments [ten of which were adopted] were crafted:
"Sec. 13. That a well regulated militia, composed of the body of the
people, trained to arms, is the proper, natural, and safe defense of a
free state, therefore, the right of the people to keep and bear arms
shall not be infringed;..."
North West Ordinance wherein:
"Sec 6 The governor, for the time being, shall be commander in chief
of the militia, appoint and commission all officers in the same below
the rank of general officers; all general officers shall be appointed
and commissioned by Congress."
The militia was the able bodied men within the area.
States created after the national contract may or may not have
included the clause due to the national contract to which they must
adhere.
The Preamble to the Bill of Rights to the national contract is
telling
[NOTE: it says clauses, this is contract modification further
restricting the UNITED STATES government]:
THE BILL OF RIGHTS - PREAMBLE
Preamble to the bill of rights of the Constitution of the United
States of America
Conventions of a number of 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 but ensure the beneficent ends of its institution
RESOLVED...the following articles be ... part of the said
Constitution;
AMENDMENT II (1791)
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.
Compare the Amendment/Article with the State contracts and there is
no argument of the intent. Should a State fail to have this Right in
its contract, it is found here.
Arguments have raised the issue of what "well regulated" means. The
determinative construct revolves around whether this means specially
trained by the State or perhaps personally trained may be sufficient
or preferred; verses the supposed military style. Drawing from state
contracts would indicate personal though in others State trained.
Should the State fail, then personal stands in place.
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Rawles - A View of the Constitution -
http://peoplescounsel.orgfree.com/ref/rawles/ch10_restgov_rights.htm
http://peoplescounsel.orgfree.com/ref/rawles/ch31_checkcontr_gov.htm
http://peoplescounsel.orgfree.com/ref/rawles/apdx_2.htm
Other arguments have revolved around to what the "free State" refers.
Many parties today would think, and generally ignorantly present,
"free State' refers to supporting the "democratic" federalist State.
The reference is not what it seems. Democracy is not a republican form
of government.
History reveals that democracy was counter to freedom, which could
only be achieved under republican styles of government. We can glean
this from:
the destruction of the Army Field Manual by Roosevelt which explained
this to the conscripts;
Senate Report 93-549;
and several hundreds of other reference materials [See the above
referenced Briefings];
AND MOST IMPORTANLY the State contracts.
The State contracts [constitutions] refer to the government as
subordinate. Moreover, these contracts (for the most part) made the
Peoples' Rights inviolate.
The "free state" [review the State contracts] refers more to the
"free" place where one lives and the peoples' "state of mind" rather
than the established entity called, referred to, or referenced as
"State". Referencing the State constitutional contracts reveals this
is the true meaning in contrast to the constant barrage of those
opposed to the people being armed, whereby they indicate some
"military like" State controlled aspect, effectively creating a
"police state" soveriegn. Or even worse, federal government's ability
to control that right.
In fact, several state contracts reveal and deal with exactly that,
there may be a police state but it is forever under and subservient to
the people. Others forbid such activities.
So the "free State" directly references the State's contracts wherein
those clauses are set forth. Hence a State Right, but controlled
already by the clauses of the state contract wherein the right is
inviolate, wherein it is the peoples' Right. Amendment Clauses IX and
X set that forth "in stone".
Herein lay the misunderstanding the world has for Amercan ideas
regarding arms and the people of America. This nation went through
several wars in its creation and early history. The founders knew
exactly what to expect in the future from those who would eventually
gain control.
Does it cause issues, of course, it always has, and always will.
However, to assume that governments' intent is always good, and that
removing arms will protect the people from harm, is absolutely
moronic. Remove hand guns, rifles, shotguns, and other "weapons", and
other impliments will be used, people kill other people no matter
where you are. Moreover, that leaves those weapons solely in the hands
of criminals and government.
--
MEB
http://peoplescounsel.orgfree.com/
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"Most people, sometime in their lives, stumble across truth.
Most jump up, brush themselves off, and hurry on about their business
as if
nothing had happen." Winston Churchill
Or to put it another way:
Morpheus can offer you the two pills;
but only you can choose whether you take the red pill or the blue
one.
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