I got the following snippet from yahoo news, and it somewhat puzzles me. I number the paragraphs 1,2,3
1. The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The amendment reads: "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."
2. The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia, a once-vital, now-archaic grouping of citizens. That's been the heart of the gun control debate for decades.
3. Writing for the majority, Justice Antonin Scalia said an individual right to bear arms exists and is supported by "the historical narrative" both before and after the Second Amendment was adopted.
And will respond on paragraphs 1,2,3
1. The bill of rights to the constitution, specifically this second amendment issue on the rights to be bear arms, is vague in the extreme. Examine the very sentence---"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 very sentence starts out mumbling about a militia, which implies not an individual, but rather a collection of organized individuals which also implies a larger State of the Union. Surely there is no logic in deciding a collection of thugs like the mafia should enjoy a constitutional right although they would meet that definition of a militia. And then ends with the people which may be individuals or may be the individual States have a right to bear arms to oppose the the force of a larger Federal government in the case of an Individual State of the union or other armed individuals in the case of an individual person. Maybe leaving somewhat hanging the issue of if, for example, the State of New Jersey has a right to seize guns from the other wise innocent but still cold dead fingers of its resisting citizens should that State outlaw individual gun ownership and declare it a State monopoly. Even if the larger Federal government does not have that constitutional right.
As long as I have been alive, that is where the issue has hung. I am not enough of a constitutional scholar to know if this is merely a 20'th century argument, or how far back in American history it goes. But its far too late to ask the last living framer of the constitution what they meant, they have been pushing up daisies long before any of us were born.
2. Examine proposition #2.--------The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia, a once-vital, now-archaic grouping of citizens. That's been the heart of the gun control debate for decades.
While I hardly can conceive of a State of the Union being a now archaic group, prior to the civil war, many people tied their loyalties to their individual States rather than to the larger Federal Government. And that now current Federal dominance was won on the fields of battle, rather than through any constitutional process, the issue of States of the Union is still not a moot point.
3. Examine the reasoning of Scalia, somewhat of a self avowed strict constructionist, but a legal whore IMHO----Justice Antonin Scalia said an individual right to bear arms exists and is supported by "the historical narrative" both before and after the Second Amendment was adopted.
Which basically means Scalia is admitting that an individuals right to bear arms has little to do with the second amendment itself or the constitution itself. But rather may be referring to an inalienable human right perhaps enshrined in English common law best summed as "My home is my castle."
And if that is the sense of the court to be taken from this ruling, an individual has an absolute right to make his home into an armory, and the next legal battle ground may well become, what right does an individual have to transport his gun from inside the confines of his castle and into a larger world?