(This is veering off into a typical Second Amendment debate, the bane of so many lists and newsgroups, so I will be brief and will try to make this my last comment in this thread.) At 8:43 PM -0800 5/5/97, Kent Crispin wrote:
I have heard, from a knowledgable person, that the reason that the NRA has not pressed a constitutional challenge is that their lawyers tell them that the historical context clearly indicates that the second amendment does *not* protect individual ownership of firearms, and that a constitutional challenge would almost certainly lose. Hence the NRA resorts to lobbying. That is, it is not a matter of Roosevelt scaring the judges, but a matter of the clear intent of the constitution.
This made sense to me -- if the constitutional grounds were clear the NRA could save a tremendous amount of money and trouble just by letting the court rule on it -- Roosevelt is dead.
I don't buy this "knowledgeable person"'s claim (though all manner of opinions emanate from the NRA). NRA literature has consistently claimed the opposite. Now, why there hasn't been a major court challenge is unclear, and this theory is one explanation. But there are others, such as NRA willingness to save the rights of "hunters" over the rights of "militia members." Or a calculation that the courts would rule against gun ownership, for whatever reason. I can't find support for the notion that the Founders were not speaking about individual ownership of firearms. First, essentially every household, except perhaps in the larger cities, had a musket or rifle, such as they were in those days. These were used for putting food on the table, defense against Indians, and all the usual Colonial cliches. Second, there was never a formal "militia" in most communities. The "militia" was the informal formation of a defense force should the need arise. Thus, the weapons were those the households had, the rifles and muskets that farmers, traders, and shopkeepers had at their disposal. There certainly was no mention of a "National Guard Armory" where such weapons were to be stored! In any case, arguing the "intent" of the Founders is always problematic. I favor direct action. Caching weapons in secure places, for example. Buying several thousand rounds of ammo, and setting up reloading capabilities, for another. And quitting the NRA, which is too namby pamby about gun rights. And, last but not least, buying a defensible home on top of a hill. --Tim May There's something wrong when I'm a felon under an increasing number of laws. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^1398269 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."