Thursday, November 29, 2007

Bryan Miller Wants it Both Ways

In Bryan's latest offering; Supremes take on 2nd Amendment - Yawn, he pretends to not care about Heller while trotting out all the usual stupid arguments.

I'm not going to go through the whole thing (he's a long-winded chap), but these two paragraphs are interesting. Both have been used by anti-gun people before. Here's the first:

Oh, and about relevance...fact is, the 2nd Amendment was drafted when slow loading, firing (maybe one shot a minute) and inaccurate muskets (5' tall, ramrod for loading, bullet separate from charge) were the sole firearms available to private citizens, as opposed to today's semiautomatic handguns and assault rifles, with their rapid fire and high-capacity ammunition magazines (32 bullets fired in less than 15 seconds, for instance), as well as massively destructive .50 Caliber Sniper Rifles. Does any but a pro-gun extremist believe that the Founders would countenance unfettered access by private citizens to such destructive firepower?
So, the original intent of the 2A is irrelevant because of modernization? If that's the case, then why is this the next paragraph?
That brings me back to 1939, when the Supremes ruled on the 2nd Amendment. They made it patently clear that it was inextricably concerned with that "Well regulated Militia..." of yore - in today's world, the National Guard. In the Supremes' words: "In the absence of any evidence tending to show that possession or use (of a firearm)...has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument." So, if it ain't for the National Guard, you have no right to it. A privilege, maybe, depending upon the local, state and federal laws and regulations in place. But a right, no. Sorry, guys.
But, Bryan, that was in in 1939. If the Supreme Court had known then how dangerous our nations capitol would be in 2007, would they have made such a decision?

You can't have it both ways. It's either the 21st Century, or it's not.

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