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Old March 17, 2009, 09:45 AM   #6
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,624
Quote:
Originally Posted by johnwilliamson062
If 2A is limited to "homeland defense," is it still in existence at all?
That would lead to I think a discussion of the militia. Long thread already done here: http://www.thefiringline.com/forums/...d.php?t=342370and here: http://www.thefiringline.com/forums/...d.php?t=337107 so you can read a lot of discussion about "homeland defense". The antigunners argued that the RKBA was tied to service in the militia and since the militia is defunct then the states and Fed could pass any gun laws they wanted. They had several law cases to back that up too. However, Heller saved the day by decoupling the militia part of the clause from the individual right and recognized an individual right to keep and bear arms apart from service in the militia.

Quote:
Originally Posted by johnwilliamson062
If you went to congress and said this bill should not be passed because it impeded on my right to protect myself from tyrannical governments foreign and domestic would you get anything but laughter?
No, and probably add fear to that mix as you would be viewed as a kook deserving attention and observation from LE agencies.

Also, to answer your question about CCW. I would say the state of law now is No. CCW is enacted by states not the Fed and IIRC the 2A hasn't been incorporated which means that it only applies to Federal law not State law. So, if a State says no CCW, the Federal court would not overturn it on 2A grounds. However, we have discussed that the 10th Amendment might keep the Fed from outlawing CCW by law.
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Last edited by Tennessee Gentleman; March 17, 2009 at 09:51 AM.
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