My link brought about the discussions of both sides of the argument. What you extrapolate from them is your business. You point out a segment of the "opinion" of the piece provided by the CATO institute that begins with "IF TRUE".... you cant leave out those words.
Extrapolating can go either way and comes down to a matter of opinion to a point. I underlined "If true" for a reason, as to not leave anything out. The link does give the opinions of both sides and that is all it is, opinions not hard facts. Some of the opinions are pretty far reaching to conclude in a twist of what I believe to be the intent.
Then, it goes on to describe the CATO institutes opinion on the verbal of the second amendment.
The point being, the second amendment was a military clause at the time, and being that it was, attempting to apply a "private citizen" interpretation to it today makes no sense given the structure of the second amendment.
Again, your point that the second amendment was a military clause is speculation, not a fact. As the author of the article pointed out, the language used at that the time was very close to that use in England at the time. Again that is speculation on the part of the author but his hypothesis is that the second amendment is NOT a military clause. Other than a linguist's opinion where is there evidence that the writers of the second amendment intended a military application?
NOWHERE in the second amendment will you find a stand alone sentence that is self defining that states that "The rights of the people to bear arms shall not be infringed". Nor will you find any stand alone sentence that says a private person can own, possess, transport or carry a weapon.
While it is true, there is no stand alone sentence that gives the right to a private citizen those rights. Like wise, there is no stand alone sentence that limits those rights only to government.
How anyone translates the word "BEAR"
(bear[SUP] 1[/SUP] (bâr)v. bore (bôr, b
r), borne (bôrn, b
rn) or born (bôrn), bear·ing, bears
v.tr........To carry from one place to another; transport.)
arms to mean OWNERSHIP is beyond me. I would like to see an definition from anyone where the word "BEAR" means ownership, possession, transportation or carrying.
How about the word, "KEEP"
(keep (k
p)v. kept, keep·ing, keeps
v.tr.1. To retain possession of) ?
In reality, the word "BEAR" means nothing without the entire sentence contained in the structure of the second amendment.
Very few words, all by themselves, mean a lot.
The preamble of the sentence "A WELL REGULATED MILITIA" is followed by a comma, and that comma means the next portion of the sentence applies to the preamble. "being necessary to the security of a free state", then separated by another comma which means the next portion also applies to the preamble "the rights of the people to keep and bear arms" which is separated by another comma, which means the next portion applies to the preamble "shall not be infringed".
Originally, the second amendment was written like this:
"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."
Actually that isn't totally true:
The hand-written copy of the Bill of Rights which hangs in the National Archives had slightly different capitalization and punctuation inserted by William Lambert, the scribe who prepared it. This copy reads:
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.
It only contained ONE comma. It was clear the intention of the sentence had a military meaning, in the form of a Militia. Further, the congress constructed and passed a guideline for the application of the second amendment in the form of the militia act of 1792.
If they writers of the Constitution intended the 2nd to be a military clause, why would they use the word "PEOPLE" instead of "army" or "military"? Everywhere else they refer to private citizens as "the people". Every writing I can find on the subject of private gun ownership penned by the founders, support the right for citizens to "keep and bear arms".
The NRA and GUN owners themselves have gone to extremes to IGNORE these facts, and the NRA itself leaves out the preamble of the second amendment alltogether.
Most people think the following sentence is in the second amendment:
"THE RIGHTS OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED"...
Of course, thats not in the second amendment. Its two "fractions" of a larger sentence combined to form a new, stand alone sentence.
If you want to be honest about this, it is two "fractions" of FOUR parts of a sentence. None of which is a stand alone thought. If you want to use the one comma sentence you typed out earlier, we can analyze that also.
A well regulated Militia being necessary to the security of a free State(is not a stand alone sentence), the right of the people to keep and bear Arms shall not be infringed(can be a stand alone sentence).
In reality, the second amendment is OUTDATED and should be repealed by congress and replaced with actual language that defines gun ownership and the limitations of the need for guns given the fact that the USA now has a standing army and a full military complex to protect the USA and there would be NO NEED for private citizens to arm themselves to the teeth with weapons of mass destruction.
It is nothing but YOUR opinion that the 2nd is outdated. In my opinion the 2nd is even more needed today than anytime since the Constitution was signed, for several reasons. The purpose of the standing army/military complex is and always has been to protect the country from foreign and domestic enemies. Self protection is an inalienable right we all have, the means to do so is a Constitutional right, like it or not. Your zeal to disarm citizens to whatever degree YOU deem proper, shows two possibilities. 1) You have complete confidence that there will never be a tyrant ruler ever in power that can ignore laws of the land and disable built in mechanisms to keep that from happening. 2) Full faith that local law enforcement can and will protect you from criminals that pay not attention to established laws. Good for you.
P.S. Keep dreaming of the day that Congress ever repeals the 2nd Amendment
Peace
TOS