Continue here.After introducing a plan to ban 150 different types of guns and high capacity magazines, Sen Diane Feinstein tweeted, “The bill will NOT affect hunting or sporting firearms. Instead, the bill protects hunters and sportsmen.” Congressman Rick Nolan (D-MN) , speaking on Face the Nation, defended the legislation, saying he didn’t need an assault rifle to shoot a duck. Senator Ben Nelson (D-NE) also supports the legislation saying hunters don’t require assault rifles to kill game.I’m always somewhat bemused when gun control advocates talk about hunting, as if the 2nd amendment is the right to eat meat, while the word “hunt” or “hunting” does not appear anywhere in the Bill of Rights. In fact by that logic one doesn’t need any type of gun to hunt; a bow and arrow or a flint-tipped spear can take down a deer just as effectively. The 2nd Amendment has absolutely nothing to do with hunting; it is much more powerful than that.“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.”Never has a single sentence caused so much controversy. The late SCOTUS Chief Justice Warren Burger once criticized the amendment on the MacNeil-Lehrer news hour, claiming it was poorly written and a disaster for the country. Like many liberals he believed the amendment applied to organized state militias such as the National Guard. The original Bill of Rights lays out the rights granted to the People of the United States by the Creator, it does not give rights to government, whether state, local or federal. As for the definition of militia, Buckhorn provides reference toTitle 10 United States Code section 311:(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b) The classes of the militia are – (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.So if you are a male American between the ages of 17 and 45, guess what? You’re part of the militia, and while Title 10 USC Sec 311 defines the National Guard and Naval Militia as “organized,” the 2nd Amendment does not begin “A well organized Militia.” Besides the “unorganized militia” is just a class of militia according to Title 10 USC Sec 311 so we don’t have a situation where one group of people bears arms and another does not. And better yet, like all the Bill of Rights the “right of the people” derives not from government or any sovereign, but from God – just as the rights to assembly, free speech and freedom of religion do. That undermines the idea put forward by gun control advocates that the term “well regulated” grants power to the government to control arms. The word “regulated” today isn’t the same as it was in 1789, and replacing the Framer’s word with modern usage would make the amendment nonsensical. How could a right granted by God be controlled by a government of man? A better modern word would be “trained” or “provisioned”, but it’s unfair to blame the Founders for failing to anticipate the evolution of English after they have succeeded in creating a document that has withstood the test of time so well.Reams of paper have been produced supporting or disparaging this or that about the 2nd Amendment, and brighter men than me have argued both for and against it, but my view is that the Founders of the Republic had a nation like Switzerland in mind. While gun control advocates are keen on comparing the US to the UK, Canada and Australia, nations that ban guns in most cases, they tend to ignore Switzerland. Switzerland does not have a professional army and instead relies upon civilians to participate and train in a militia. The Swiss are issued an assault rifle, currently the SIG SG 550, a fully automatic weapons that even US gun nuts can’t easily get their hands on*. The Swiss also have a very weak central government, something I believe the Founders preferred but became an idea that got lost after the North won the Civil War.
Friday, February 8, 2013
And it's not for hunting...The Razor explains: