Put simply, writes Judge Robert King of the 4th U.S. Circuit Court of Appeals, we have no power to extend Second Amendment protections to weapons of war.
In Kolbe v. Hogan, the court upheld Marylands ban on assault weapons, also known as rifles that look scary to people who know nothing about guns.
As talk radio host Darryl W. Perry of Free Talk Live notes, Kings perversely broad statement would cover a ban on the possession of rocks:
And David put his hand in his bag, and took thence a stone, and slang it, and smote the Philistine in his forehead, that the stone sunk into his forehead; and he fell upon his face to the earth. So David prevailed over the Philistine with a sling and with a stone, and smote the Philistine, and slew him 1st Samuel, Chapter 17
King also displays a poor grasp of history. No judicial power is required to extend the Second Amendment to cover weapons of war, because theyre precisely what it was intended to cover in the first place.
The Second Amendment was ratified only a few years after a citizen army many of its soldiers armed, at least at first, with weapons brought from home defeated the most fearsome professional military machine in the history of the world, the army of a global empire.
The express purpose of the Second Amendment was to guarantee the continued maintenance of an armed populace. In fact, the Second Militia Act of 1792 legally required every adult able-bodied white American male to own and maintain weapons of war (a musket or rifle, bayonet, powder and bullets) just in case the militia had to be called out.
Even in the 1939 case usually cited to justify victim disarmament (gun control) laws, U.S. v. Miller, the U.S. Supreme Court held that the reason Jack Miller/s short-barreled shotgun could be banned was that it WASNT a weapon of war: [I]t is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.
Yes, you read that right: The Supreme Court ruled that the Second Amendment applies ONLY to weapons of war. I think thats too narrow myself, but at least it comes at the matter from the correct historical perspective.
The purpose of the Second Amendment is best understood in terms of a quote falsely attributed to Admiral Isoroku Yamamoto of the Japanese navy at the beginning of World War II: You cannot invade the mainland United States. There would be a rifle behind every blade of grass.
Shame on King and the 4th Circuit for failing to uphold the plain meaning of shall not be infringed.
(Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism, thegarrisoncenter.org. He lives and works in north central Florida. Follow him on Twitter @thomaslknapp.)
See more here:
The Second Amendment and 'weapons of war' - The Montgomery Herald
- Alan Keyes on the Second Amendment and gun rights [Last Updated On: April 2nd, 2011] [Originally Added On: April 2nd, 2011]
- Obama And The Second Amendment [Last Updated On: April 2nd, 2011] [Originally Added On: April 2nd, 2011]
- Suzanna Gratia-Hupp Second Amendment [Last Updated On: May 20th, 2011] [Originally Added On: May 20th, 2011]
- Attack of the Second Amendment [Last Updated On: May 21st, 2011] [Originally Added On: May 21st, 2011]
- The Second Amendment died in New Orleans [Last Updated On: May 21st, 2011] [Originally Added On: May 21st, 2011]
- Suzanna Gratia-Hupp What the Second Amendment is REALLY For [Last Updated On: May 24th, 2011] [Originally Added On: May 24th, 2011]
- The Alex Jones Show - LIVE - June 24th Second Amendment Special [Last Updated On: May 30th, 2011] [Originally Added On: May 30th, 2011]
- SA@TAC - Second Amendment Remedies [Last Updated On: June 1st, 2011] [Originally Added On: June 1st, 2011]
- You Choose '08 Spotlight: Ron Paul on the Second Amendment [Last Updated On: June 2nd, 2011] [Originally Added On: June 2nd, 2011]
- IGOLD, Guns, Second Amendment Rights in Illinois and the Madigans [Last Updated On: June 3rd, 2011] [Originally Added On: June 3rd, 2011]
- Gun Law (Second Amendment) [Last Updated On: June 11th, 2011] [Originally Added On: June 11th, 2011]
- Ron Paul on the Second Amendment (feat. Rachel) [Last Updated On: June 15th, 2011] [Originally Added On: June 15th, 2011]
- "The Sing-Along Second Amendment" by Roy Zimmerman [Last Updated On: June 15th, 2011] [Originally Added On: June 15th, 2011]
- Herman Cain on Second Amendment and Abortion [Last Updated On: June 26th, 2011] [Originally Added On: June 26th, 2011]
- Second Amendment Legislative Update with Larry Pratt of Gun Owners of America [Last Updated On: June 29th, 2011] [Originally Added On: June 29th, 2011]
- Alan Gottlieb w/the Second Amendment Foundation: Guns Save Lives Campaign - Las Vegas [Last Updated On: June 30th, 2011] [Originally Added On: June 30th, 2011]
- Bloomberg's Anti Gun Ad Suggests Second Amendment Enables Terrorists [Last Updated On: July 1st, 2011] [Originally Added On: July 1st, 2011]
- Gamer Walkthrough: Just Cause 2 - A Second Amendment [Last Updated On: July 1st, 2011] [Originally Added On: July 1st, 2011]
- WNY Truthers Obama Administration Caught Running False Flag Against Second Amendment [Last Updated On: July 4th, 2011] [Originally Added On: July 4th, 2011]
- Dr. Suzanna Hupp Explains The Second Amendment [Last Updated On: July 4th, 2011] [Originally Added On: July 4th, 2011]
- Re: Let's Get Real about the Second Amendment [Last Updated On: July 12th, 2011] [Originally Added On: July 12th, 2011]
- On the Rights and Privileges of the Second Amendment [Last Updated On: July 12th, 2011] [Originally Added On: July 12th, 2011]
- Second Annual Knife Rights Sharper Future Award, Sandy Froman [Last Updated On: July 12th, 2011] [Originally Added On: July 12th, 2011]
- Obama Administration Caught Running False Flag Against Second Amendment [Last Updated On: July 13th, 2011] [Originally Added On: July 13th, 2011]
- Citizens Arming Against Flash Mobs [Last Updated On: July 14th, 2011] [Originally Added On: July 14th, 2011]
- Sharron Angle's "Second Amendment Remedies" Statement Is NOT Rhetoric! [Last Updated On: July 15th, 2011] [Originally Added On: July 15th, 2011]
- Celebrate! Second Amendment Saturday [Last Updated On: July 17th, 2011] [Originally Added On: July 17th, 2011]
- Gibbs Passes Amendment to Protect Second Amendment Rights [Last Updated On: July 19th, 2011] [Originally Added On: July 19th, 2011]
- Sen. Jerry Moran: Second Amendment rights not negotiable [Last Updated On: July 29th, 2011] [Originally Added On: July 29th, 2011]
- Second Amendment and My 20 Second Video Intro [Last Updated On: August 2nd, 2011] [Originally Added On: August 2nd, 2011]
- Super Congress To Target Second Amendment.avi [Last Updated On: August 10th, 2011] [Originally Added On: August 10th, 2011]
- Tribute to the Second Amendment [Last Updated On: August 20th, 2011] [Originally Added On: August 20th, 2011]
- what the second amendment means to me. [Last Updated On: August 23rd, 2011] [Originally Added On: August 23rd, 2011]
- Patriot Pastor explains the Second Amendment [Last Updated On: August 26th, 2011] [Originally Added On: August 26th, 2011]
- Exercising My Second Amendment Right [Last Updated On: August 31st, 2011] [Originally Added On: August 31st, 2011]
- Second Amendment Range Pack Review [Last Updated On: September 3rd, 2011] [Originally Added On: September 3rd, 2011]
- The Second Amendment-Hero or Villain? [Last Updated On: September 4th, 2011] [Originally Added On: September 4th, 2011]
- Just Cause 2 the reapers stronghold takeover A Second Amendment [Last Updated On: September 5th, 2011] [Originally Added On: September 5th, 2011]
- Infowars Special Report With Sheriff Richard Mack: Obama's Stealth Attack on The 2nd Amendment 4/4 [Last Updated On: September 5th, 2011] [Originally Added On: September 5th, 2011]
- 57 Senators Sign Letter Telling To Protect Second Amendment Rights From United Nations [Last Updated On: September 7th, 2011] [Originally Added On: September 7th, 2011]
- Infowars Special Report With Sheriff Richard Mack: Obama's Stealth Attack on The 2nd Amendment 1/4 [Last Updated On: September 9th, 2011] [Originally Added On: September 9th, 2011]
- Liberal Mayors Are Freaking Out 'The Second Amendment' [Last Updated On: September 17th, 2011] [Originally Added On: September 17th, 2011]
- The Second Amendment Will Not Be Violated! [Last Updated On: September 21st, 2011] [Originally Added On: September 21st, 2011]
- Cooking Up A Collective Right: How a Mythical Monster Nearly Swallowed the Second Amendment Whole [Last Updated On: October 2nd, 2011] [Originally Added On: October 2nd, 2011]
- Marijuana Activist Debates Former ATF Head on Second Amendment [Last Updated On: October 9th, 2011] [Originally Added On: October 9th, 2011]
- Infowars Special Report With Sheriff Richard Mack: Obama's Stealth Attack on The 2nd Amendment 2/4 [Last Updated On: October 12th, 2011] [Originally Added On: October 12th, 2011]
- Where does your candidate stand on the Second Amendment? - Video [Last Updated On: October 19th, 2011] [Originally Added On: October 19th, 2011]
- Second Amendment Activist Nikki Goeser and Author John Lott - Video [Last Updated On: October 24th, 2011] [Originally Added On: October 24th, 2011]
- Sen. Richard Burr on the Veterans Second Amendment Protection Act - Video [Last Updated On: November 6th, 2011] [Originally Added On: November 6th, 2011]
- Issa Stands Up for Second Amendment Rights on Real Time with Bill Maher - Video [Last Updated On: November 16th, 2011] [Originally Added On: November 16th, 2011]
- Just cause 2 Second Amendment Walkthrough - Video [Last Updated On: November 16th, 2011] [Originally Added On: November 16th, 2011]
- Kinzinger Supports Legislation to Promote Americans' Second Amendment Right - Video [Last Updated On: November 19th, 2011] [Originally Added On: November 19th, 2011]
- Second Amendment - Our Safety Our Duty - Video [Last Updated On: December 1st, 2011] [Originally Added On: December 1st, 2011]
- Second Amendment Rights at Occupy Phoenix 15-10-2011 - Video [Last Updated On: December 5th, 2011] [Originally Added On: December 5th, 2011]
- Lt. Col. Allen B. West speaks on Second Amendment - Video [Last Updated On: December 7th, 2011] [Originally Added On: December 7th, 2011]
- Michael Savage on the Second Amendment - Video [Last Updated On: December 17th, 2011] [Originally Added On: December 17th, 2011]
- Darrell Issa on Fast [Last Updated On: January 1st, 2012] [Originally Added On: January 1st, 2012]
- A Discussion on Being a Pro-Second-Amendment Social Liberal - Video [Last Updated On: January 2nd, 2012] [Originally Added On: January 2nd, 2012]
- Mr. Alan Gura on Current Second Amendment Litigation - Video [Last Updated On: January 7th, 2012] [Originally Added On: January 7th, 2012]
- Second Amendment; A Political Right; Historic Context; Not about Hunting! - Newt Gingrich - Video [Last Updated On: January 11th, 2012] [Originally Added On: January 11th, 2012]
- NEW JERSEY PAYS CASH TO TRASH SECOND AMENDMENT - Alex Jones Infowars Nightly News 2012-01-09 - Video [Last Updated On: January 12th, 2012] [Originally Added On: January 12th, 2012]
- Second Amendment fan says gun bills go too far [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Tea Party hosts head of Gun Owners of California [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Second Amendment Paranoia - Video [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Second Amendment ~ "Wotan Rains On A Plutocrat Parade" (David E. Williams cover) - Video [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- What is the second amendment? - Video [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Biggest Factor in Gun Rights, Congress, Not Courts [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Judge squelches bid to overturn Illinois gun law [Last Updated On: February 7th, 2012] [Originally Added On: February 7th, 2012]
- A VIEW ON THE SECOND AMENDMENT - Video [Last Updated On: February 8th, 2012] [Originally Added On: February 8th, 2012]
- Dr. Suzanna Gratia Hupp on The Second Amendment - Video [Last Updated On: February 9th, 2012] [Originally Added On: February 9th, 2012]
- Second Amendment University - Video [Last Updated On: February 12th, 2012] [Originally Added On: February 12th, 2012]
- The politics of gunplay [Last Updated On: February 13th, 2012] [Originally Added On: February 13th, 2012]
- Gun advocates want ability to bring guns to work parking lots [Last Updated On: February 15th, 2012] [Originally Added On: February 15th, 2012]
- Breyer's Robbery Illustrates Why RKBA So Important Everywhere [Last Updated On: February 15th, 2012] [Originally Added On: February 15th, 2012]
- House committee adopts 2nd Amendment language [Last Updated On: February 15th, 2012] [Originally Added On: February 15th, 2012]
- Sneaky White House Budget Provisions Undermine the Second Amendment - Video [Last Updated On: February 19th, 2012] [Originally Added On: February 19th, 2012]
- Barack Obama, "Greatest Gun Salesman in America" [Last Updated On: February 22nd, 2012] [Originally Added On: February 22nd, 2012]
- Open carry advocates battle Upland [Last Updated On: February 23rd, 2012] [Originally Added On: February 23rd, 2012]
- Tenn. lawmakers debate parking lot gun bill [Last Updated On: February 24th, 2012] [Originally Added On: February 24th, 2012]
- SAF Condemns Texas Law Prof's Claim that OH School Shooting is 'Exercise of 2A' [Last Updated On: February 29th, 2012] [Originally Added On: February 29th, 2012]