Law commentary 5/20/06

    American law says that the 2nd Amendment to the U.S. Constitution is clearly a protection of the natural right of an individual to own and carry firearms, and that the "Militia" is "the people themselves" and not a government service corps.  This is not opinion.  This is factual law.

    Anti gun activists within America attempt to strip away this God given right of the individual and place it within the power of a State entity claiming that the right to keep and bear arms only belongs to government service corps such as the Army or National Guard.   The courts have never completely addressed this issue of debate mainly because the courts will issue opinions on questions raised, and so far questions raised in court cases have always had "side issues" as their focal point. (such as these rights not applying to felons, or issues of concealed weapons, etc.)  [Note: Update June 2008:  The U.S. Supreme Court has just ruled that the "right of the people to keep and bear arms" is an individual right and not a collective privilege of a state militia.]

     But the courts need not even define a MAXIM so enshrouded in God given liberty as we have with the firearm situation in America.  From all angles of study and reference AT LAW, it is "a given" that we law abiding Americans DO have the natural right to personally "keep and bear arms".   Presented in our web study are the many historical, related developmental, and law background references showing the intent of the 2nd Amendment at the time of its enactment.  This intent is clear and unambiguous as the reader will witness.  The right to keep and bear arms is an individual and NOT a collective right.

     Our examination of this topic will not be based on a document from the NRA, any "right wing magazine", or any "conservative religious church announcement".  We will refer the reader to none other than a  memorandum issued by the U.S. Dept. of Justice in August of 2004 entitled, "WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT".

   One would think that a federal government position on the 2nd Amendment would lean toward the "collective rights position" supportive that firearms should be only found in government military agencies.   However, in addressing the debate over this issue, the Justice Department legal scholars brought to light 437 references "AT LAW", which compelled the study to focus correctly upon the matter where it should be focused --- namely, upon the historical development of the 2nd Amendment itself at the time of its enactment.  Click the page link below to read the 2004 law presentation on the 2nd Amendment.  It is lengthy and thorough, so settle in for some serious study.  The overwhelming conclusion supports what the Founding Father of America believed ---  that the right to keep and bear arms is a private individual right.  The law referenced in this study speaks for itself. (If you have a dial up connection it will take about one minute to load as this document was 103 pages in original format)