We both know it isnt in there.
What is in there...is the phrase "the people".
"The people" who have a 1st Amendment right to freedom of speech are the same "people" who have a 2nd Amendment right to keep and bear arms.
If your argument is that the right to keep and bear arms only applies to members of a well-regulated militia, then why doesn't the second amendment say "the right of militia membersto keep and bear arms shall not be infringed?"
Again , this argument about what the second amendment says. You say it "says" you have the right to bear arms, and actually, it DOESNT.
What does it really say? NOT a SINGLE one of you supporters can POINT out a single "stand alone" sentence with a begining and a period behind it that states "THE PEOPLE HAVE A RIGHT TO BEAR ARMS".
What does exist is a sentence with a PREAMBLE, continuous points about that preamble and a rationale.
As passed by the Congress:
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.
There are three (3) commas in this SENTENCE. GUN supporters and the NRA believe these are 4 separate sentences with 4 different meanings.
IF you dont understand the written word or english, you might think the same, but what THIS sentence in the constitution states is that a MILITIA, that is well regulated (by the states) can keep those states secure (by forming militias) and the right of the people in those militias (the right of those people to bear arms) shall not be infringed upon by anyone including the goverment.
What is a preamble?
pre·am·ble
[pree-am-buh l, pree-am-] Show IPA
noun
1.
an introductory statement; preface; introduction. Synonyms: opening, beginning; foreword, prologue, prelude. Antonyms: epilogue, appendix, conclusion, afterword, closing.
2.
the introductory part of a statute, deed,
or the like, stating the reasons and intent of what follows.
3.
a preliminary or introductory fact or circumstance: His childhood in the slums was a preamble to a life of crime.
If we are to accept that the second amendment contains 4 separate meanings even though its one sentence separated by commas, then what are we to make of this:
the introductory statement of the U.S. constitution, setting forth the general principles of American government and beginning with the words, “We the people of the United States, in order to form a more perfect union. …”
Are "we the people" separate from "in order to form a more perfect union" ?
Yes, the states and the courts have granted people the "right" to own guns, but this is a political right. The founders would have NEVER allowed machine guns or mass shootings to be the outcome of militias.
In addition, what did the founders intend for those militias? Could anyone be a part of a militia? What about minorities? Could they possess guns?
The answer can be found in the MILITIA act of 1792. You want to have the rights as the founders intended, then you must comply with this act.
The Militia Act of 1792
Pay special attention to this section of the militia act...
"I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.""
You want guns and be a part of the militia? GO for it. Grab your musket, be white and between 18 and 45yrs old.
Peace
TOS