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Rob Freda

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Are gun ownership restrictions asking for the wrong thing? the second amendment arguments seem to lack justification on both sides

Two interpretations:

"some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. " LII Cornell

"On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right."

The second amendment -"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."

both arguments seem to be non-sequiturs . It does not matter which is the dependent clause because the logical result is the same. If the people are the subject then well regulated militia is a modifier and the right exists with the modification that it be well-regulated. well-regulated militia has no constraint other than that the people can bear arms so regulation is not limited. if the militia is the subject then the right of the people are the modifier and that right is protected to form a militia. Again there is no constraint on militia so the right cannot be limited therein. the only logical resolution is that there be no infringement on the right as a basis but that the context of the exercise of the right, keeping and bearing, be well-regulated. therefore subject to national safety standards

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    Jan 21 2013: I graduated from Sandy Hook Elementary School some 30 years ago, I have friends with children thre today, and one with 5 nieces who were in school the day of the shooting. I assume that this topic is (as on many forums) been brought to life with the terrible killing of all those children. I am a gun owner, and the issue is very close to my heart, what if it had been my guns stolen from me and used for that? I could only pray I was dead like the guns owener was in this case, and yet that only would spare me knowledge, not responsibility. You see most gun owners are not as clear on the responsibility that comes with the right. We must keep everyone safe from our guns if we wish to have them. But how? locks can be defeated, and guns and ammo exist we can no more end them than we can end the reality of the atom bomb. We can make no more guns or ammo today and we still have so much we have made no real change. The issue has tormented me and like many gun owners I have decided that there has to be changes on both sides of the issue. The legal gun owner wants nothing to do with the sort of terrorist act that the evil man visited on those little children. I think that first all new guns should have biometric safeties allowing them to be fired only by the owner or those he enters, the gun manufacturers should offer incentives to trade your old gun for a new bio metric one. People should have to take several months of weekly classes including subtle psych evaluations before being issued concealed carry permits,schools should have one or more trained people who are armed on campus(there were heroes in Newtown who if armed might have saved the children.) and if a gun is used illegally then the user the owner the seller and manufacturer should all suffer consequences. While we are at it why not have a chip to locate guns when owners code is entered to search program? or system that locks the guns action?Plus lets put a fiber optic wireless gun cam in the weapons of all police

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