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Our Inherent Right to Bear Arms
Posted by: Jennifer ()
Date: March 05, 2018 08:53PM

We have an inherent right to defend and protect ourselves. "Inherent" means God-Given.

The right to self defence is a natural right that each and every creature possesses.

So the Second Amendment is reiterating that it is our inherent right and stating that it shall not be infringed upon, meaning we may keep and bear arms and that the government shall not take our arms from us.


The Second Amendment Does Not Give Us the Right to Bear Arms


In speaking with many fellow gun-owners, I have come to realize that most people don't know that the Second Amendment does not give us the right to bear arms. The Second Amendment states that the right to bear arms "shall not be infringed"; it does not confer that right. The Second Amendment is an admonition to government that it may not take away your right to bear arms, which is inherent.

What then is the origin of the right to bear arms? While our forefathers had inherited rights and liberties as Englishmen, those rights were curtailed and suppressed which eventually led to the Revolution. It is the American Revolution which transformed us. Twelve score and two years ago, our forefathers brought forth on this continent a new nation conceived in liberty and dedicated the notion that all men are created equal. Thomas Jefferson’s immortal words created a wholly new form and foundation for American liberty, law and government: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by the Creator which certain unalienable Rights, among them, Life, Liberty and the pursuit of Happiness. – That to secure these rights, governments are instituted among men deriving their just powers from the consent of the governed - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it.”

Without the many citizen-soldier militiamen such as the Minutemen, the new United States would not have won the War of Independence. By declaring independence and winning the Revolutionary War in October 1781, later cemented by the Treaty of Paris in 1783, our forefathers secured liberty. This preceded the ratification of the Constitution in 1789. "

The Declaration of Independence is thus central to our liberties and our law. The Constitution was implemented to "secure those rights," not to confer them. Considering the critical involvement of the citizen-soldier in the Revolutionary War, it is clearly evident why the Founding Fathers wrote in the Second Amendment:

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.

The Englishmen in the American colonies had inherited a right to bear arms from the English, subject to the whims of Parliament, but Jefferson and the Founding Fathers transformed the right to use force to protect yourself and your family into a corollary of the unalienable rights to life and liberty set forth in the Declaration of Independence. These unalienable rights were secured as foundational laws in a new American nation, born of liberty through the midwife of the Revolution.

The problem I see is that if the right to bear arms is considered given to you by the Second Amendment, then that right is a product of the Constitution. If it is a product of the Constitution, then it is subject to interpretation by the "ultimate authority" over the Constitution, the Supreme Court, through the concept of judicial supremacy established by McCullough v. Maryland. It does not help, in your author's view, if we continue to propagate the myth that the Constitution confers upon us the right to bear arms. It is our inherent, inborn right to protect ourselves and our families, bequeathed to us from our forefathers' blood and sacrifice in the many battles for liberty. It may not be legislated or interpreted away. It is not in the purview of the Supreme Court (or Congress, for that matter) to abolish the right to bear arms.

Since 1990, we have had the unconstitutional "Gun Free Schools Act." If we help the false notion live on that the right to bear arms is a creature of the Second Amendment, we invite and empower the black-robed keepers of the Constitution to put the creature in a cage. The fact is that the Second Amendment is a cage for the creatures who want to take away the guns given to you by your fathers, their fathers, and their fathers' fathers.

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Re: Our Inherent Right to Bear Arms
Posted by: riverhousebill ()
Date: March 06, 2018 12:44AM

We have an inherent right to defend and protect ourselves. "Inherent" means God-Given.

gun and god combo
"The peacemaker" is Glock's new gun
Its spent rounds are rapture and fun
Yes killing's a thrill
Since I'm mentally ill
And need to own more than just one

A gun for me is like prozac
The bullets clipped pills in a stack
I'm not paranoid
But have weapons deployed
In case I should have an attack

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Re: Our Inherent Right to Bear Arms
Posted by: Jennifer ()
Date: March 10, 2018 12:23PM

This is Key!


The Gun Control Debate Isn't Really About Guns. It's about Human Rights


Fundamentally, this is about the government’s responsibility to prove I have committed a crime before taking away my rights. Let me explain.

The Second Amendment must be read in context of the entire law and the acknowledgement in the Declaration of Independence that our rights are pre-political, that our rights predate the Constitution and are therefore not granted by government as mere privileges bestowed upon worthy individuals who satisfy some kind of government standard.

Our government does not have rights. Our government has limited powers carefully and specifically granted through the Constitution for the sole purpose of preserving and protecting all of the rights of the individual. What can the government constitutionally presume about me if I want to own a firearm? Whose burden is it to show that I should or should not be able to possess a firearm?

This is why the whole Constitution matters and it matters in relation to the Declaration. Because your and my rights are pre-political. The government bears the burden of proving why I am an unfit gun owner, or an unfit parent, or have committed a criminal act, or any other accusation bearing legal consequences when my rights are at stake.

The government must presume that I am a fully fit citizen, meaning in legal terms that none of my rights can legally or properly be infringed upon unless and until the government shows proof by a legal standard that I have acted in some way contrary to the law and the sanction for my actions can result in the government denying certain rights, such as taking away liberty through imprisonment. The government cannot presume that I am going to act in an illegal manner just because my neighbor, my relative, or a 19-year-old in Parkland, Florida acted in an illegal manner.

We care about how our government is allowed to treat us based on someone else’s actions. Each and every one of us has a right to be presumed competent, fit, and innocent. This is the heart of the matter for conservatives.

Even if the Second Amendment were to be repealed tomorrow, as some have suggested and called for, nothing about my legal status as a law abiding citizen would change. The government would not be able to change its legal presumption toward me and assume that I am a criminal before I commit criminal acts.

Once the government can shift the burden and make me prove my fitness and competency, then my government is treating me like a presumptive criminal. This isn’t problematic only when applied to arms ownership. It’s also problematic when applied to parental fitness, exercising religious freedom, speech, school choice options, economic choices, and any other legitimate action and choice that I as an American citizen am free and have the liberty to choose to do.

None of these rights or any others of the individual are severable from their status as unalienable or transformative by government whim into mere privileges. This is what conservatives mean by protecting liberty. We are preserving freedom from the government presuming we do not have legitimate free choice, without the government presuming without cause we are all criminals.

Liberty means the government does not have authority to punish me before I have chosen to act contrary to law. The government does have legitimate authority to criminalize some conduct, but must prove that I have committed that criminal act before it may punish me.

Even in the midst of heartbreaking, terrible, atrocious tragedies, we cannot allow the government to remove our individual presumption of innocence collectively. Crimes and illegal acts unfortunately occur every day. So do wrongful prosecutions.

Just because my neighbor might have have committed domestic violence, doesn’t mean I should have to prove to the government I am not an abuser before I enter into a romantic relationship. Just because my neighbor might have committed child abuse, doesn’t mean I should have to prove to the government I am fit to parent before I am allowed to have children.

The examples are endless. Any presumption against innocence is fully unconstitutional for an incredibly important reason — preserving and protecting genuine liberty. Rights are not absolute, but a legitimate government does not punish you or me before we act or presume we are going to act criminally.

This isn’t just about my gun. It’s about every single individual’s fundamental right to liberty. And liberty is absolutely worth protecting. Our founders pledged their very lives, their fortunes, and their sacred honor defending it. So must we.

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Re: Our Inherent Right to Bear Arms
Posted by: NuNativs ()
Date: March 10, 2018 01:14PM

"Let the DEAD bury the DEAD..."

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Re: Our Inherent Right to Bear Arms
Posted by: NuNativs ()
Date: March 10, 2018 01:16PM

Jennifer, you truly the QUEEN of ARGUABLE PHENOMENON...

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