A Quote by Bob Barr
Despite two decisions, in 2008 and 2010, by the U.S. Supreme Court unequivocally affirming that the Second Amendment to the Constitution guarantees an individual right to keep and bear arms against infringement by the government, state legislatures continue to do just that - enact laws that significantly infringe this fundamental human right.
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The NRA believes America's laws were made to be obeyed and that our Constitutional liberties are just as important today as 200 years ago. And by the way, the Constitution does not say Government shall decree the right to keep and bear arms. The Constitution says 'The right of the people to keep and bear arms shall not be infringed.'
Just as the First and Fourth Amendment secure individual rights of speech and security respectively, the Second Amendment protects an individual right to keep and bear arms. This view of the text comports with the all but unanimous understanding of the Founding Fathers.
Almost all gun control legislation is constitutionally fine. And, if the court is right, then fundamentalism does not justify the view that the Second Amendment protects an individual right to bear arms.
When I joined the Supreme Court in 1975, both state and federal judges accepted the Court's unanimous decision in United States v. Miller as having established that the Second Amendment's protection of the right to bear arms was possessed only by members of the militia and applied only to weapons used by the militia.
Where I stand at is on the Second Amendment where the right to bear arms is not just for hunting and fishing and things like that. But it's the right of the American people to have a means of defense against a tyrannical government. So, sometimes you got to have that back-up plan.
The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.
Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms. This is not to say that firearms should not be very carefully used and that definite safety rules of precaution should not be taught and enforced. But the right of citizens to bear arms is just one more guarantee against arbitrary government, and one more safeguard against tyranny which now appears remote in America, but which historically has proved to be always possible.
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. - Second Amendment to the Constitution An armed society is a polite society.
It's part of the Constitution. People have the right to bear arms. Then the restrictions of it have to be reasonable and sensible. You can't just remove that right. You've got to regulate, consistent with the Second Amendment.
...The Bill of Rights is a literal and absolute document. The First Amendment doesn't say you have a right to speak out unless the government has a 'compelling interest' in censoring the Internet. The Second Amendment doesn't say you have the right to keep and bear arms until some madman plants a bomb. The Fourth Amendment doesn't say you have the right to be secure from search and seizure unless some FBI agent thinks you fit the profile of a terrorist. The government has no right to interfere with any of these freedoms under any circumstances.
In my view, if the Court had properly interpreted the Second Amendment, the Court would have said that Amendment was very important when the nation was new, it gave a qualified right to keep and bear arms but it was for one purpose only, and that was the purpose of having militiamen who were able to fight to preserve the nation.
I find it very odd that the amendment about the right to bear arms, laws that were written so long ago, still pertain and don't get adjusted properly. Because the right to bear arms doesn't mean automatic weaponry designed specifically for human combat.
Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people," the term unambiguously refers to all members of the political community, not an unspecified subset... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it "shall not be infringed."
I support people having a gun in public full stop, not just in your home. We don't have the right to bear arms because of burglars; we have the right to bear arms to resist the supreme power of a corrupt and abusive government. It's not about duck hunting; it's about the ability of the individual. It's the same reason we have freedom of speech.
The National Rifle Association is always arguing that the Second Amendment determines the right to bear arms. But I think it really is the people's right to bear arms in a militia. The NRA thinks it protects their right to have Teflon-coated bullets. But that's not the original understanding.
If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America - even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles.
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