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Change the 2nd amendment?

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From the south Donating Member (103 posts) Send PM | Profile | Ignore Wed Dec-01-04 08:30 AM
Original message
Change the 2nd amendment?
Edited on Wed Dec-01-04 08:36 AM by From the south
I saw a post the proposed to change the 2nd amendment....

As a gun owner I see a few problems

1) I don't think amendments can be edited... they have to be repealed and replaced

2) the 2nd 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." was put in place for a reason.

The fear was a all powerful government.... an armed population was the final check to a government out of control. At least that is my impression of Jefferson's views.

There seems to be some misunderstanding about what constitutes a "militia"

Title 10 of the US code defines militia this way

a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

The bottom line is this....

If you want to change the meaning of the 2nd amendment you need to change the definition of "militia"
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imenja Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 08:39 AM
Response to Original message
1. it's a losing cause
They aren't going to change the second amendment. They can't even get semi-automatic weapons banned. People can post things on DU all they want. It's never going to happen. The Democratic party knows it.
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Jack_DeLeon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 09:07 AM
Response to Original message
2. It doesnt matter...
even if the definition of militia was changed to "a group of zookeepers," it would not change the fact that "the right of the people to keep and bear arms shall not be infringed."

Being in a militia (whatever its definition, or whatever your definition of "well regulated" is) is not a requirement to keep and bear arms.
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