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Constitution 101 - The Bill of Rights and the 2nd Amendment

We as Americans are very lucky that we have the Bill of Rights or the Amendments to the original Constitution of the United States. Four men who attended the Constitutional Convention in Philadelphia are responsible for their inclusion. George Mason (Virginia), Luther Martin (Maryland), Eldridge Gerry (Massachusetts), and to a limited extent Charles Pinckney (South Carolina) all fought to include a Bill of Rights. In fact, Virginia refused to ratify the Constitution without the inclusion of the Bill of Rights. The entire purpose was to prevent "misconstruction and abuse" of the power specifically given to the Congress under Article 1, Section 8. The preamble to the Bill of Rights makes it clear what their intention was;...

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We as Americans are very lucky that we have the Bill of Rights or the Amendments to the original Constitution of the United States. Four men who attended the Constitutional Convention in Philadelphia are responsible for their inclusion. George Mason (Virginia), Luther Martin (Maryland), Eldridge Gerry (Massachusetts), and to a limited extent Charles Pinckney (South Carolina) all fought to include a Bill of Rights. In fact, Virginia refused to ratify the Constitution without the inclusion of the Bill of Rights. The entire purpose was to prevent "misconstruction and abuse" of the power specifically given to the Congress under Article 1, Section 8. The preamble to the Bill of Rights makes it clear what their intention was;

"THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution"

The Bill of Rights are further restraints on the federal government. It does NOT give us the right to bear arms; it prevents the federal government from interfering or regulating arms. Virtually every state legislature submitted proposals for additions to the Bill of Rights. The top suggestion was the current 10th Amendment and all insisted on the current 2nd Amendment.

The 2nd Amendment was included to reassure those states that feared federal control of the militia as written in Article 1, Section 8, Clause 16;

"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"

Most of the states feared that a general government that had the power to arm the militias could refuse to arm the militias. If the federal government gave the people arms they could just as easily take them away. Pennsylvania, North Carolina, Virginia, and New York all insisted it was the right of the people to be armed to protect themselves and Maryland defined the militia as "all men able to bear arms". The final ratified version of the 2nd Amendment states;

"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 amendment prohibits the federal government from regulating arms. The states fearing a centralized government wanted to retain the right to regulate arms and their militias. The state and localities have the authority to regulate arms. In Georgia we enjoy great liberties with our gun laws, but not all states are as forward thinking. When you travel with your weapon be sure to know the laws of the states and localities you are visiting.

While you have a natural right to protect your life, that does not mean you have a right to a Glock 9MM. The State of Georgia allows you to have it.