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Finally A Good Decision

in the early morning on Thursday, the 26th of June 2008 by Capt Jake Fortune

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.

The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.

The Supreme Court finally got some sense.

I love this part:

JUSTICE STEVENS is of course correct, post, at 10, that the right to assemble cannot be exercised alone, but it is still an individual right, and not one conditioned upon membership in some defined “assembly,” as he contends the right to bear arms is conditioned upon membership in a defined militia. And JUSTICE STEVENS is dead wrong to think that the right to petition is “primarily collective in nature.”

And this one:

The right “to carry arms in the militia for the purpose of killing game” is worthy of the mad hatter. Thus, these purposive qualifying phrases positively establish that “to bear arms” is not limited to military use.

Probably one of the most important lines from this opinion of the court:

When the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny.

Tons of the sites I like to read are covering this, including Michelle Malkin, the Castle, BlackFive, Ahab, Irons in the Fire. And of course Kim. And his lovely sentiment towards that bitch ho, I mean, Feinstein. And The Razor. Jawa Report also.

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Scott Kirwin Says:
June 26th, 2008 at 11:33 am Add karma

I’m relieved (and think I’ll celebrate with the Kid by going to Targetmaster after work) but I’m more than a little concerned: 4 Supreme Court justices were given the opportunity to neuter the 2nd Amendment and took it. One lousy vote saved us from becoming the UK where people aren’t allowed to protect themselves from criminals in their own homes.

One stinking vote. And this site thinks guns are a non-issue in the election? I’m more worried now than I was before.
One stinking lousy vote….

Chad Says:
June 26th, 2008 at 11:59 am Add karma

Agreed. That 4 Supreme Court justices took the direct opposite opinion is a damn shame. This shouldn’t even be close.
I read the opinion of the court and it was entertaining to say the least of how the majority skewered the minority of the court.
The minority opinion read like “Guns are icky, now lets grasp at straws to support that preconceived notion.”
As I sit here right now eating lunch (outta my bento box, you’d be proud Scott!) I think more and more about how polarized the country seems to be getting. That half the country (well, 45%) support Obama, a marxist found to be the most liberal member of the senate, that scares me just as much.

Bandit Says:
June 26th, 2008 at 1:45 pm Add karma

I’m glaf Kennedy flopped rather than flipped.

Bandit Says:
June 26th, 2008 at 1:46 pm Add karma

glad too :)

Finally A Good Decision

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