Gotcha | Ol’ Remus & The Woodpile Report

A supposed “gotcha” often heard from anti-gun extremists is the notion that the right to keep and bear arms was contingent on membership in a militia and, there no longer being militias, the right was transferred to their successor, the armed forces. It’s nonsense of course, privileges are contingent, rights are not, and the Supreme Court agrees, if only in the same sense they agree with gravity, less than readily and with a dollop of adolescent petulance from the dissenters.

Supreme Court, 2008- We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank , 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed…
US Supreme Court, Heller Decision at scotusblog.com Continue reading