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View Full Version : Glen Reynolds on "SECOND AMENDMENT PENUMBRAS"


Librarian
02-10-2012, 9:43 AM
Reynolds blogs at instapundit, in case anyone might not know.

"SECOND AMENDMENT PENUMBRAS: SOME PRELIMINARY OBSERVATIONS"

For example, the Tennessee Constitutionís right to arms has been interpreted in this fashion:
The right to keep arms, necessarily involves the right to purchase them, to keep them in a state of efficiency for use, and to purchase and provide ammunition suitable for such arms, and to keep them in repair. And clearly for this purpose, a man would have the right to carry them to and from his home, and no one could claim that the Legislature had the right to punish him for it, without violating this clause of the Constitution.
But further than this, it must be held, that the right to keep arms involves, necessarily, the right to use such arms for all the ordinary purposes, and in all the ordinary modes usual in the country, and to which arms are adapted, limited by the duties of a good citizen in times of peace; that in such use, he shall not use them for violation of the rights of others, or the paramount rights of the community of which he makes a part.6
Yes, I think that's pretty much where we want to go.

Another bit The core of Heller is a constitutionalization of the right of self- defense. The right of individuals to protect themselves against violence is, in this analysis, so important that it is, in many ways, beyond the power of the state to regulate. Though the state might prefer to sacrifice citizensí lives in order to limit gun ownership, such a sacrifice is not permitted. This indicates that individual citizensí lives and autonomy are themselves, in some significant respects, beyond the power of the state to sacrifice.
Download his paper here (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2002132).

Curley Red
02-10-2012, 9:50 AM
the right to use such arms for all the ordinary purposes, and in all the ordinary modes usual in the country, and to which arms are adapted, limited by the duties of a good citizen in times of peace

I wonder if there would be any chance of someone looking at that line about peace and say since we are in a war, technically you can't use your firearm.

Interpretation varies from person to person.