I read that to say that the right to bear arms is only so when a well regulated militia is needed to defend a free state. Given that it’s no longer the case, the right to bear arms does not exist- according to the 2nd amendment!
It’s not void or irrelevant, it has infact predicted and enshrined into law that there is no right to bear arms anymore.
It was not written poorly on purpose. It was just written poorly. I’d argue it’s pretty obvious when observing historical context. Militias were how nations defended themselves largely, and it’s how the US did. The second amendment was in order to allow for this to be true. If this weren’t the case, why would the even include the first half? They would just say “The right of the people to keep and bear Arms, shall not be infringed.” At best, the amendment implies gun ownership should be seen as part of being a part of a well regulated militia, not primarily for personal use.
However, historical context of gun ownership is important. That’s where the 9th amendment (my favorite and probably the most important, though underused) comes in.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The right of personal gun ownership has been historically held by the people, so there needs to be good arguments to limit it. I think these arguments exist.
I read that to say that the right to bear arms is only so when a well regulated militia is needed to defend a free state. Given that it’s no longer the case, the right to bear arms does not exist- according to the 2nd amendment!
It’s not void or irrelevant, it has infact predicted and enshrined into law that there is no right to bear arms anymore.
Exactly. That seems to be the only reasonable way to read it to me. I don’t know why it’s never been contested on this premise in court.
Because historic context is relevant in court cases, really easy to show 200+ years of it not being interpreted that way
Its a very poorly written sentence, likely on purpose to force interpretation by judges
It was not written poorly on purpose. It was just written poorly. I’d argue it’s pretty obvious when observing historical context. Militias were how nations defended themselves largely, and it’s how the US did. The second amendment was in order to allow for this to be true. If this weren’t the case, why would the even include the first half? They would just say “The right of the people to keep and bear Arms, shall not be infringed.” At best, the amendment implies gun ownership should be seen as part of being a part of a well regulated militia, not primarily for personal use.
However, historical context of gun ownership is important. That’s where the 9th amendment (my favorite and probably the most important, though underused) comes in.
The right of personal gun ownership has been historically held by the people, so there needs to be good arguments to limit it. I think these arguments exist.