|
Send to a friend
Printer Friendly PDF Format
Subscribe to FFF Email Update
Subscribe to Freedom Daily
Piling it on the Second Amendment
by
Scott McPherson,
March 10, 2003
Just as this years historic winter storm piled up snow faster than
transportation officials could clear it away, so does D.C. Million Mom
March president Ladd Everett aspire to pile on the nonsense regarding
the
Second Amendment in a February 19 Letter to the Editor of the Washington
Times entitled Guns and D.C.
Despite Mrs. Everetts attempt to portray the National Guard as our
modern-day citizen militia, readers should know that the
National Guard is, legally speaking, an extension of the U.S. Army, not
a
militia as intended by the Founding Fathers.
Further, 10 U.S. Code section 311 (1983), which amends militia-related
legislation dating back to 1792, established all able-bodied males
at least 17 years of age and ... under 45 as either (1) members of
the organized militia, which consists of the National Guard,
or (2) members of the unorganized militia, which consists of
members of the militia who are not members of the National Guard.
[Emphasis added.]
The militia was always meant to be made up of the citizenry at large
thats you and me a fact codified in federal law for
more than 200 years.
We are told that, aside from Attorney General John Ashcroft, there are
no
other government official[s] in modern history who
take the position that the Second Amendment protects an
individuals right. Really? What about the Firearm
Owners Protection Act, passed by Congress and signed into
law in 1986?
And surely Mrs. Everett is aware of Chief Judge William Garwoods
majority opinion for the U.S. Fifth Circuit Court of Appeals, which held
less than two years ago that the history of the Second Amendment
reinforces the plain meaning of its text, namely that it protects
individual
Americans in their right to keep and bear arms.
And while were on the subject of public officials, what about
Jefferson, Madison, Washington, Franklin, Mason, Lee, and others too
numerous to list, who played a crucial role in the creation of this
country,
and whose sympathies on this issue could fairly be summed up by Patrick
Henrys hope that everyone who is able may have a
gun?
On one point Mrs. Everett is correct: she is right to bring up
D.C.s
horrendous homicide rate but thats actually an indictment
of the failed, draconian gun laws her organization would like to see
extended across the country.
Scott McPherson is a policy advisor at The Future of Freedom Foundation in Fairfax, Va.
|