What about the violently insane? Felons? Are they in the militia as well? Actually, why limit it to adults? I’m sure plenty of 14-year-olds fought and died in the revolutionary war. What about the currently incarcerated? The mentally disabled?
Yes, yes, yes, yes, and yes. All five of the people you mentioned are in the militia. Three of them have been stripped of their right to keep and bear arms through due process of the law, while the other two are deemed incompetent. They retain the right to keep and bear arms, but they are also wards of a legal guardian, and cannot independently exercise that right.
Congress could, indeed, provide for calling forth 14-year-olds, if they deemed it necessary and proper to do so. The other 4 are subject to judicial rulings that may impact their ability to comply militia provisions. We certainly have called forth inmates to serve various roles where a need has arisen.
The laws governing use of force are not suspended for any of them; all five can use force under the law.
Why are the violently insane and violent criminals not permitted to carry firearms? I’m not asking for the current legal justification, but why you believe they shouldn’t be permitted to carry firearms (assuming you do believe that).
In addition, do you believe that a five year old should be allowed to carry a concealed handgun, with their parents permission? I’m not talking about rarely, and in the country, but regularly, in crowded urban areas.
I can simplify the first part for you. The Constitution refers to “violently insane” and “violent criminals” as “the accused”. To understand my opinion, make the appropriate substitutions, and read the constitution.
For the second part, a ward’s exercise of liberties and property are subject to their guardian’s judgment. The guardian is expected to act in the best interests of the ward. The guardian is also charged with protecting the rights of the people from infringement by the ward. The role of the guardian, then, is to prudently permit and restrict the liberties of their ward. This certainly includes the keeping and bearing of arms.
Wardship is restricted to those deemed legally incompetent, either by presumptive statute or by judicial decree.
I can simplify the first part for you. The Constitution refers to “violently insane” and “violent criminals” as “the accused”. To understand my opinion, make the appropriate substitutions, and read the constitution.
I can’t find anything about the accused losing their right to bear arms. Can you direct me to the relevant passage? Or can I take this to mean that you support the violently insane and criminals owning and carrying firearms?
The role of the guardian, then, is to prudently permit and restrict the liberties of their ward. This certainly includes the keeping and bearing of arms.
So should it be legal for me to decide that my five year old son can carry a 9mm with him when he goes out to play with the neighborhood kids?
Sorry for the delay- I didn’t get a notification for some reason.
The point is that the violently insane and young children are not allowed to keep and bear arms because they may harm others and because they’re incompetent, respectively. You may still consider them part of the militia in some philosophical sense, but practically, they don’t have the right described in the second amendment.
If we can restrict a child’s right to keep and bear arms because they are incompetent, then the precedent exists to do the same for adults with no training.
If we can restrict a violently insane person’s right to keep and bear arms because they may harm others, then the precedent exists to do the same for sane people who may harm others.
Obviously, adults are not children, and they are mostly sane. However, they can still be just as incompetent, and they can still accidentally kill others during arguments. The analogy holds.
No military in the world would deploy a fighting force without mandatory weapons training, and a militia is not “well regulated” if it’s members don’t know how to use their weapons.
What about the violently insane? Felons? Are they in the militia as well? Actually, why limit it to adults? I’m sure plenty of 14-year-olds fought and died in the revolutionary war. What about the currently incarcerated? The mentally disabled?
Yes, yes, yes, yes, and yes. All five of the people you mentioned are in the militia. Three of them have been stripped of their right to keep and bear arms through due process of the law, while the other two are deemed incompetent. They retain the right to keep and bear arms, but they are also wards of a legal guardian, and cannot independently exercise that right.
Congress could, indeed, provide for calling forth 14-year-olds, if they deemed it necessary and proper to do so. The other 4 are subject to judicial rulings that may impact their ability to comply militia provisions. We certainly have called forth inmates to serve various roles where a need has arisen.
The laws governing use of force are not suspended for any of them; all five can use force under the law.
Why are the violently insane and violent criminals not permitted to carry firearms? I’m not asking for the current legal justification, but why you believe they shouldn’t be permitted to carry firearms (assuming you do believe that).
In addition, do you believe that a five year old should be allowed to carry a concealed handgun, with their parents permission? I’m not talking about rarely, and in the country, but regularly, in crowded urban areas.
I can simplify the first part for you. The Constitution refers to “violently insane” and “violent criminals” as “the accused”. To understand my opinion, make the appropriate substitutions, and read the constitution.
For the second part, a ward’s exercise of liberties and property are subject to their guardian’s judgment. The guardian is expected to act in the best interests of the ward. The guardian is also charged with protecting the rights of the people from infringement by the ward. The role of the guardian, then, is to prudently permit and restrict the liberties of their ward. This certainly includes the keeping and bearing of arms.
Wardship is restricted to those deemed legally incompetent, either by presumptive statute or by judicial decree.
I can’t find anything about the accused losing their right to bear arms. Can you direct me to the relevant passage? Or can I take this to mean that you support the violently insane and criminals owning and carrying firearms?
So should it be legal for me to decide that my five year old son can carry a 9mm with him when he goes out to play with the neighborhood kids?
Can you get to whatever you think is your point sometimes soon?
Sorry for the delay- I didn’t get a notification for some reason.
The point is that the violently insane and young children are not allowed to keep and bear arms because they may harm others and because they’re incompetent, respectively. You may still consider them part of the militia in some philosophical sense, but practically, they don’t have the right described in the second amendment.
If we can restrict a child’s right to keep and bear arms because they are incompetent, then the precedent exists to do the same for adults with no training.
If we can restrict a violently insane person’s right to keep and bear arms because they may harm others, then the precedent exists to do the same for sane people who may harm others.
Obviously, adults are not children, and they are mostly sane. However, they can still be just as incompetent, and they can still accidentally kill others during arguments. The analogy holds.
No military in the world would deploy a fighting force without mandatory weapons training, and a militia is not “well regulated” if it’s members don’t know how to use their weapons.