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Are There Rational Solutions to the 2nd Amendment Debate?
The issue regarding the 2nd Amendment divides many Americans, and not just by party lines. People’s positions are influenced by personal experiences, preferences, and for many, misinformation. It appears the federal government, for reasons and intentions of its own, seeks to limit all individual rights.
Some people would like to see significant restrictions on the distribution of firearms in our nation. Many would like as few regulations as possible to be imposed by federal government agencies. Others want to restrict types and quantities of ammunition. Some would like all guns and gun owners to be registered. Reasonable people do not favor criminals and mentally unstable individuals to purchase firearms.
Automobiles kill more people annually than are killed in firearm assaults. State and federal government does not regulate the types of automobiles people can buy. You do not have to get permission or approval to buy a car. One does present the motor vehicles department
Government does require that anyone driving a car on the streets of our nation have a license to do so, indicating the successful completion of adequate training and proficiency. We do not grant licenses to certain categories of individuals who would be deemed unsafe drivers. This is done for the safety of the public at large. Unfortunately, there are many instances where the department of motor vehicles and courts award licensure to individuals who are a danger to themselves and the public.
Emotions were high after a judge sentenced the 16-year-old teenager to 10 years probation for a drunken driving crash that killed four people in June. The teenager’s attorneys pleaded for a sentence that involved therapy in California. Therapy is anticipated to cost $450,000 a year, rather than years behind bars. Eric Boyles didn’t agree with the judge’s sentence or the assertion that therapy is what the young perpetrator needed. “Money always seems to keep [the teenager] out of trouble. This was one time I did ask the court, that for justice, for money not to prevail and ultimately today I felt like money did prevail.”
States also regulate those who use firearms. If one is going to use a firearm for personal protection, they demonstrate the knowledge of applicable laws, safety, and proficiency when they obtain conceal and carry permits. As part of the permitting, the state and federal governments examine the person for criminal and mental health issues that would prevent ownership and use.
If one is going to hunt, the individual must go through a hunter safety course and demonstrate they present documentation indicating the successful completion of adequate training and proficiency.
Unfortunately, the federal government has released hundreds, if not thousands, of guns along the US-MEX boarder to drug gangs and non-citizens. Unfortunately, the government imprisons and releases criminal for political games. Unfortunately, the government uses every crisis to circumvent individual rights.
Perhaps states, the federal government, and citizen groups could agree on a universal CCW license issued by the states which restricts firearm purchase and possession to criminal backgrounds and mental health issues with specific definitions to each category based upon prior violence and assaultive behaviors.
Creation of Reserve National Guard Did Not Eliminate Militia and Second Amendment Rights
In 1898 the National Guard was governed by the amended Militia Act of 1792 and almost completely funded, organized, and administered by state governments.
The amount of funding and attention state governments gave to their militia varied tremendously. The organization, the equipment, and the training of units varied from state to state and were not always compatible with those of the Regular Army.
The mobilization of state military forces for the Spanish-American War in 1898, while much more effective than the mobilizations of 1846 and 1861, did clearly demonstrate that the Guard was not a reserve force fit for modern conditions.
Under the amended Militia Act of 1792, the President could only issue a call for troops, with the War Department setting a quota for each state. Each state governor organized the units with which he answered the President's call, usually by requesting that National Guard units volunteer. Guardsmen, however, were under no legal obligation to volunteer, and a significant number refused either because of fears over how their unit would be treated by the Regular Army or from concern over hardships that volunteering would impose on their families.
Large numbers of Guardsmen who did volunteer failed their physical examination. To fill units to full strength, states recruited enlisted men direct from civil life. As a result, most of the units organized for the war had a cadre of Guard officers and noncommissioned officers and large numbers of enlisted men with no prior military training.
Federal service revealed that the training of Guardsmen in all aspects of military operations was, for the most part, grossly inadequate to the demands of active duty and extended field operations. Secretary of War Elihu Root concluded that the Militia Act of 1792 had to be replaced. Root understood that such a reform would require building support in both Congress and the National Guard. He conferred frequently with key congressional leaders, most notably Congressman Charles Dick, chairman of the House Militia Affairs Committee and a long-time Ohio National Guard officer who had served in Cuba during the War with Spain. Since 1882 some National Guardsmen had been lobbying for Congress to repeal the Militia Act of 1792, officially designate the Guard as the Army's reserve force, and greatly increase the federal government's support of state units with funds, equipment, and supplies. These efforts continued after the war with Spain, and Root allied himself with these officers. When Root created a board of officers to study how to reform the Army, he included on it a Guard officer, and the board allowed prominent Guard officers to contribute to its deliberations on militia matters. Because of this preparation, Root's proposals for reforming the National Guard passed through Congress with little opposition.
The Militia Act of 1903--together with its 1908 amendment--was, in the words of a leading historian of the National Guard, "the most important national legislation in militia history." The act, also known as the Dick Act in honor of Dick, repealed the Militia Act of 1792 and divided the militia into two groups:
1. The Reserve Militia, defined as all able-bodied men between 18 and 45, and
2. The Organized Militia, defined as state units receiving federal support.
The War Department would fund the attendance of Guard officers at Army schools. Regular officers would be detailed to serve as inspector-instructors with Guard units. There would be joint Regular-Guard maneuvers and training camps.
The act gave the President the power to call the Organized Militia--the National Guard--into federal service for up to nine months' service to repel invasion, suppress rebellion, or enforce federal laws, but not for service outside the United States.
Guardsmen had to answer a presidential call or face court-martial, and states had to organize, equip, and train their units in accordance with the organization, standards, and procedures of the Regular Army. Finally, if Guard units failed to meet certain standards of training and administration as set by the War Department, they would lose their federal support.
In 1908 the act was amended.
1. The nine-month limit on federal service was deleted;
2. The President would now set the length of federal service. The ban on Guard units serving outside the United States was dropped. Clearly establishing the Guard's role as the Army's reserve force, the amended act stated that during a mobilization the Guard had to be called before the Army could organize a federal volunteer force.
3. Congress agreed to increase the annual federal subsidy of the Guard to $4 million, and the War Department established the Division of Militia Affairs. The division served as the link between the department and the state adjutants general.
Congress passed the National Defense Act in 1916. This law asserted federal control over state military forces. The act doubled armory drill requirements and tripled the length of summer training. The mobilization for World War I demonstrated the triumph of federal control over the Guard that the Root reforms had brought. The Guard contributed approximately 12 percent of the wartime army, a far lower percentage than state units had contributed in previous wars. After mobilization, federal draftees and reserve officers were used to bring Guard units to full strength, diluting their character as state units.
A major reorganization of American tactical organizations, prompted by the demands of combat in Europe, caused further dilution. Once in federal service, many Guard units were reorganized, disbanded, or converted to a different type of unit. Many Guard commanders were relieved and replaced by Regulars. After the war, the Army discharged all Guardsmen as individuals instead of releasing them from federal service with their units.
US vs. Kansas over Second Amendment Read Article
Cumberland Road Merc & Munitions
Cumberland Road announces "We have Ammo." In a time of ammo shortages, Cumberland Road Merc & Munitions.
Membership in the NRA is vital in this time of de-constitutionalizing of the United States. The NRA has been successful in protecting the US Bill of Rights by safeguarding the Second Amendment.
Members get other memberships as well.
Not Good: This is not the best way to prepare for deer season.
In 2008, the Supreme Court by a slim 5-to-4 vote ruled the Second Amendment was a “guarantee of the individual right to possess and carry weapons in case of confrontation,” (www.cga.ct.gov/2008/rpt/2008-R-0578.htm). The majority opinion written by Justice Antonin Scalia also said the Second Amendment does not grant the “right to keep and carry any weapon whatsoever in any manner whatsoever for whatever purpose.”
The manner of carrying the weapon and the purpose of the weapon for collective or self-defense is subject to the 10th Amendment (state's rights), and the 9th Amendment (The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people).
The Ninth Amendment to the U.S. Constitution is somewhat of an enigma. It provides that the naming of certain rights in the Constitution does not take away from the people rights that are not named. This means, the powers of the government are listed in Articles 1, 2, and 3; the government cannot infringe on citizens' rights outside the scope of limited government. Of course, the statist's view is different.