Second Amendment Meaning

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The True Meaning of the Second Amendment

The current interpretation of the Second Amendment violates the original intent of the founding fathers. It is being totally misinterpreted. It does not support indiscriminate use of arms by individuals; it bans such use.

The Second Amendment could have been worded as follows:

“The people's right to own and operate arms shall not be curtailed.”

But it reads as follows:

“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.

This raises important questions.

· Why did the Founding Fathers find it necessary to include the first thirteen words?

· Why did they use the words keep and bear instead of own and operate?

· Why did they choose infringed instead of curtailed?

Consider those times when states did not maintain paid full time military but relied on voluntary citizen militia. At normal times, the members pursued their civilian activities at their shops, farms or homes. They rushed to the conflict location upon being summoned. If these people had to go pick up arms from some armory for fighting the aggressor, a lot of time would have been wasted. Therefore they had to keep (and upkeep) their arms close by and also to bear those to meet the team. It is the right to do so that is the subject of this amendment. The arms may have been owned not by the individuals but by the state governments or the militia. People only kept them with them for proper periodical servicing and easy quick access during emergency. A right like this had the potential to be misused by individuals. Therefore the founding fathers added the first thirteen words to make it clear that this right is limited and must not to be infringed.

We need to understand the meanings of the key words. (Definitions are from online Webster's New World Dictionary. The italicized and boldfaced meanings are the most appropriate here.)

'regulated' - means

1. to control, direct, or govern according to a rule, principle, or system; specif., to impose a body of regulations on a particular industry, type of business, etc.

2. to adjust to a particular standard, rate, degree, amount, etc.: regulate the heat

3. to adjust (a clock, etc.) so as to make operate accurately

4. to make uniform, methodical, orderly, etc.

In this context, the fourth meaning is the most appropriate. Regulation does not have to come from outside. An organization can be self-regulated i.e. organized.

Also see https://www.etymonline.com/word/regulate. The most suitable meaning is "to govern by restriction".

'keep' – means

1. to observe or pay regard to; specif.,

1. to observe with due or prescribed acts, ceremonies, etc.; celebrate or solemnize: to keep the Sabbath

2. to fulfill (a promise, etc.)

3. to follow or adhere to (a routine, diet, etc.)

4. to go on maintaining: to keep pace

5. Archaic to attend (church, etc.) regularly

2. to take care of, or have and take care or charge of; specif.,

1. to protect; guard; defend

2. to look after; watch over; tend

3. to raise (livestock)

4. to maintain in good order or condition; preserve

5. to supply with food, shelter, etc.; provide for; support

6. to supply with food or lodging for pay: to keep boarders

7. to have or maintain in one's service or for one's use: to keep servants

8. to set down regularly in writing; maintain (a continuous written record): to keep an account of sales

9. to make regular entries in; maintain a continuous record of transactions, accounts, or happenings in: to keep books of account, to keep a diary

10. to carry on; conduct; manage

3. to maintain, or cause to stay or continue, in a specified condition, position, etc.: to keep an engine running

4. to have or hold; specif.,

1. to have or hold for future use or for a long time

2. to have regularly in stock for sale

5. to have or hold and not let go; specif.,

1. to hold in custody; prevent from escaping

2. to prevent from leaving; detain

3. to hold back; restrain: to keep someone from talking

4. to withhold

5. to conceal; not tell (a secret, etc.)

6. to continue to have or hold; not lose or give up 7.to stay in or at; not leave (a path, course, or place)

Also see the etymology of this word at https://www.etymonline.com/search?q=keep. One of the meaning of the word is "maintain for ready use;" which is the most appropriate sense applicable to the Second Amendment.

'bear' means

1. 1. to hold and take along; carry; transport

2. to hold in the mind: to bear a secret

2. to possess as a part, characteristic, attribute, etc.; have or show: the letter bore his signature

3. to give birth to: the passive past participle in this sense is born when by does not follow

4. to bring forth; produce or yield: fruit-bearing trees, coal-bearing strata

5 to support or hold up; sustain

6. to sustain the burden of; take on; take care of: to bear the cost

7.

1. to undergo successfully; withstand; endure: her work won't bear scrutiny

2. to put up with; tolerate: she can't bear him

8. to call for; require: his actions bear watching

9. to carry or conduct (oneself)

10. to carry over or hold (a sentiment): to bear a grudge

11. to bring and tell (a message, tales, etc.)

12. to move or push as if carrying: the crowd bore us along

13. to give, offer, or supply: to bear witness

Also see the etymology of this word at https://www.etymonline.com/word/bear#etymonline_v_8203.

Neither 'keep' nor 'bear' means ‘ own’ or 'use'.

'infringe' means:

Verb transitive

1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent.

2. Obsolete To defeat; invalidate.

Verb intransitive

To encroach on someone or something; engage in trespassing: an increased workload that infringed on his personal life.

An example of to infringe is "to build a fence that extends onto your neighbor's property."

Clearly, the forefathers did not want us to exceed the limits of the right to keep and bear arms by using them on our own.

At a park in San Antonio, Texas, a small group of four men clad in the uniform of late 18th century demonstrate the procedure of the militia in those days. One of them, acting as the leader issues three distinct orders. They are, "Load", "Aim" and "Fire" issued each after the previous one has been performed. This was what "well regulated" meant. The individuals were supposed to wait for the "Fire" order before pulling the trigger.

The above makes it clear that the purpose of the first thirteen words is to caution us that this right does not include the right to use the arms we keep and bear. They are to be used only under directions issued by an authorized competent leader of the well-regulated militia to which one belongs.

_____________________

In September1774, Massachusetts Governor Gage had seized that colony's arsenal of weapons at Charlestown.

http://www.davekopel.org/2A/LawRev/american-revolution-against-british-gun-control.html

There may be more such references.


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