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Duck and Cover Drills

By Paul Lyons
8/15/2008 10:23:12 AM | Number of Comments: 0 | Add Comments +
"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."

Lately there has been a great deal of confusion concerning the Second Amendment to the Bill of Rights. I am not sure why this is but I think it is due partly to the fact that it is not discussed in a meaningful way. People are senselessly shot and it is just a flash across the six o’clock news. Seeing, as I have no experience in the legal profession, this work will forever more be considered the definitive analysis of the Second Amendment. The Second Amendment to the Bill of Rights is a living document and should be amended to encompass changes in society and technology. It has outlived its usefulness a few hundreds of years ago.

First, one must realize that the Second Amendment to the Bill of Rights was written at a time when our relationship with guns was on a completely different level. There was a whole new continent full of all kinds of varied people to the West. Having more guys with guns on your side was a logical plan to make sure that eventually you could rule the world - or at least a flat frozen solid place in North Dakota. Furthermore, if the great Revolutionary War was going badly, it would surely help to get a bunch of guys in weird fur hats made of who knows what, shooting at the bad guys right along side you. This is what the right of the People to keep and bear arms shall not be infringed surely had in mind. Of course, at the time, in certain places, having a gun was an important tool. There were deer and rabbits and tasty birds to shoot. Having a good knife and an axe probably was important as well. Which brings me to another point.

With the Second Amendment, it was surely written in such a way so that all sides could be happy. It is by nature a contradiction. The first half of the sentence says we need an army - A well regulated militia so that we can defend ourselves against the British and who know who else. The second part outlines in one broad stroke that everyone should be able to defend themselves no matter what. It says nothing about the right to a gun. It says "to keep and bear arms." "Arms" can be knives, cannons, slingshots, catapults, explosives. Perhaps, ironically even nasty chemicals and atomic bombs.

But on a deeper level what the second part is getting at is not that everyone should have a gun so if they get pissed off at their neighbor they can simply knock them off. Murder and manslaughter is illegal. But that the right of the People to keep and bear arms shall not be infringed must have as a deeper meaning is the concept of people rising up against tyranny – kick the bums out by force. Think of the logic of that in our modern times. I doubt a group of scary looking guys with hunting rifles and small tanks hiding out in Idaho could overcome the United States military and take over Washington. This is simply not going to happen. We live in different times and we are not a banana republic. We need a revision of the Second Amendment.

"A well regulated militia being necessary to the security of a free State (but not used to overthrow poor helpless countries simply for imperialistic and economic ends or to promote and impose moral or political values on outside countries), the right of the People to keep and bear arms (for use as recreation in the killing of game in such states as Wisconsin and Iowa during the autumn season but shall be ultimately control by local and state laws and regulations) shall not be infringed."

Granted, it is not a perfect first draft of this revision but I do think it is moving in the right direction. Personal liberty is one thing. Common sense and public safety is yet another.



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