Second Amendment: Still in force

Concerning this:

The Supreme Court struck down the District of Columbia’s ban on handgun possession yesterday, deciding for the first time in the nation’s history that the Second Amendment guarantees an individual’s right to own a gun for self-defense.

a commenter here made a point I hadn’t considered:

A lot of us are in the militia, whether we know it or not. From the US Code, Chapter 13:
§ 311. Militia: composition and classes
(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.

So a better question is: Does the Constitution guarantee your right to not own a gun?

It’s no surprise that McCain applauded the decision, but even Barack Obama couldn’t fault the ruling entirely. He “issued a statement saying that ‘I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures.'”

If he wants to win blue states that go red in presidential votes — such as my semi-home state of West Virginia — then it’s no surprise he wouldn’t lambaste the ruling.

In other non-news, Paul Helmke is displeased.

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1 Comment

  1. I’m shocked, SHOCKED that the S.C. actually took this case on. Doubly shocked that they actually recognized (by a razor-thin margin) the right embodied in the 2nd A — and by implication — and the privileges granted to government in the Constitution.

    The ENTIRE BILL OF RIGHTS is all about the unalienable rights of the individual… NOT any state-sponsored “militia”.

    I can be argued that none of this applies to DC because DC is not a state… it is a federal zone and this is a different legal entity with a different set of rules. Of course, nobody wants to admit this by making the argument because it’s politically very inexpedient to do so. Therefore, the ppl in DC will probably get their guns and their vote.

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