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View Diary: Who's really for gun safety? (227 comments)

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  •  It's the LaPierre-TexasBill view -- which has been (2+ / 0-)
    Recommended by:
    sidnora, i saw an old tree today

    shown to be a fraud, and thoroughly and repeatedly refuted -- that the Second Amendment protects an individual right.

    And in place of that fraud the actual legal history substantiates that the subject of the Amendment is "well regulated militia," and the purpose of the Amendment was to establish a National Defense relying on the well regulated militia, consistent with the first of the four Militia Clauses in the US Constitution:

    Art. I., S. 8., C. 15.  The Congress shall have Power To provide for calling forth the Militia to execute [enforce] the Laws of the Union, suppress Insurrections, and repel invasions.

    I emphasize the purpose of suppressing Insurrections because behind the innocent-sounding lunatic claim of an unlimited right of "self-defense" is the intent to establish armed-gangs hiding behind falsifications of the legal term "militia" in order to "take up arms" against gov't/rule of law.  We've been seeing that since the latest the 1990s, and the cheering of gun-nuts and their fake "militia" of the OK City bombing.

    The second of the four Militia Clauses in the Constitution expressly stipulates, in relevant part,

    Art. I., S. 8., C. 16.  The Congress shall have Power To provide for . . . ARMING . . . the Militia.

    In addition to those facts posted to TexasBill, I also posted to TexasBill a Militia Act (which Acts regulate the subject of the Second Amendment) which implements that Constitutional provision, expressly stipulating how the Congress arms the militia -- viz:

    Chap. LXV.--An Act providing Arms for the Militia throughout the United States.

      Section 1.  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective States, or the militia thereof, under such regulations, and at such prices as the President of the United States shall prescribe.
      Sec. 2.  And be it further enacted, That the President of the United States be, and he is hereby authorized to cause all or any part of the arms herein directed to be provided and deposited for sale, which shall, at any time, remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same.
      Sec. 3.  And be it further enacted, That the monies arising from such sales shall be paid into the treasury of the United States, and the amount received shall be annually reported to Congress.
      Sec. 4.  And be it further enacted, That for the purpose of carrying this act into effect, the President of the United States shall be, and he is hereby authorized to draw from the treasury of the United States, a [577] sum not exceeding four hundred thousand dollars, to be paid out of any money in the treasury not otherwise appropriated.
      Approved, July 6, 1798.

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845.  Arranged in Chronological Order.  With References to the Matter of Each Act and to the Subsequent Acts on the Same Subject, and Copious Notes of the Decisions of the Courts of the United States Construing Those Acts, and Upon the Subjects of the Laws.  With an Index to the Contents of Each Volume, and a Full General Index to the Whole Work, in the Concluding Volume.  Together with the Declaration of Independence, the Articles of Confederation, and the Constitution of the United States; and Also, Tables, in the Last Volume, Containing Lists of the Acts Relating to the Judiciary, Imposts and Tonnage, the Public Lands, Etc., Vol I. (Boston: Charles C. Little and James Brown, 1850), By Authority of Congress, Edited by Richard Peters, at 576.

    Here's another, substantiating the same fact:

    Chap. XLII.--An Act authorizing the sale of public Arms.

      Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the
    United States be, and he is hereby authorized to cause to be sold to individual states, which may wish to purchase, any arms now owned by the United States, and which may be parted with without injury to the
    public: Accounts of such sales shall be laid before Congress, and the money arising therefrom be, and the same is hereby appropriated, under the direction of the President of the United States, to the purchase or
    manufacture of other arms for the use of the United States: Provided, that such arms be not delivered to any state or their agents until the payment of the purchase money be first made into the treasury of the United States, in money or in the stock of the United States, at its value, as established by an act, intituled, "An act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt,
    in payment for the lands of the United States, and for other purposes relative to the public debt."  Provided also, that this provision shall not
    extend to any purchase, not exceeding five thousand stand of arms, which shall be made by a state to which the United States by existing engagements are bound to pay a sum of money, equal to the amount of such purchase.
      Approved, April 2, 1808.

    Ibid, at 481.

    In view of the fact that one doesn't get to pick and choose which laws one can ignore, and which frauds upon the law one can impose, I directly asked TexasBill why he ignores those provisions in Constitution and laws.  I and other readers continue to wait for TexasBill's response to that direct question.

    This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

    by JJustin on Mon May 19, 2014 at 10:39:11 PM PDT

    [ Parent ]

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