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Old 10-22-2002, 04:48 PM   #79
Eisenschwarz
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Quote:
Originally posted by antryg:
As to the debate on gun control, I will agree with what Timber Loftis has stated: If you let me define what the words mean I'll win every arguement. Untilsomeone on this thread offers a definition of freedom, security, etc. that we all will agree with then all that can be done is everyone expressing their opinion. The question then becomes "Did anyone understand the meaning of what I said?".[/QB]
In A purely Legal Sense, I don't think There is a Right under the US constitution for individuals to own a gun.
claims of a Second Amendment _right_ to _own_ guns have typically met with universal rejection by courts that have considered them.

Courts have often held that the 2nd Amendment's purpose was to guarantee the integrity of militias organized by the states, not to confer an individual right to firearms. Any rights created by the 2nd Amendment have not been applied to the States through the Fourteenth Amendment, the source of the enforceability of portions of the Bill of Rights against the States.

"The militia was or is a group of citizens volunteering or legally compelled to turn out for active military service upon order of the several States. For purposes of federal law, it is defined as all males between the ages of 17 and 45 who are or intend to become citizens." [10 U.S.C. 31]

the Federal Government has authority to prescribe rules and regulations for any militia. If you were to claim that everyone is in the milita, and therefore can own a gun, these arguments are unavailable to women, or to senior citizens.