ALPINE, UT | 17 March 2008 | Does an individual citizen of the United States have a Constitutional “right” to bear arms? 72% of the US public believes so, but few can even articulate a good reason why. Can you? Stop reading for just a second and pick up a pencil and jot down an explanation of your own understanding related to the issue. Answer the question in simple terms. “Does an individual citizen of the United States have a Constitutional “right” to bear arms (own and carry a firearm)?” Then as part two to the assignment answer the question “Why?” or “Why not?” Most Americans are simply not that familiar with the Constitution to “get it right.”

Key Points:

• The text of the 2nd Amendment reads: “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.”
• There is an argument over the meaning of the amendment. Does the “right” belong to a group of citizens - belonging to a well regulated Militia (such as the National Guard) or does the “right’ belong to all individuals?
• The Supreme Court has not ruled on these questions on the 200+ year history of the country. The current case is District of Columbia v. Heller.
• All Circuit Courts to rule so far on the question have found that the right is NOT an individual right.
• The Founders suggested that it was an individual right, as with all rights.
• Consider:

“Many Americans do not even realize that they belong to the militia of their state. They confuse their state militia with the National guard, which is a specialized reserve corps in each state trained at federal expense for immediate service. Under Title 10 [Subtitle A, Part I, Chapter 13, Section 311 paragraph (a)] of the U.S. Code, the militia of each state includes “able-bodied males at least 17 years of age and under 45 years of age who are or have [made] a declaration of intent to become, [citizens of the United States and of female citizens of the United STates who are members of the National Guard.” (Skousen, W. Cleon. Making of America. Page 694 - with corrections).

• The biggest disagreement is over the term “the People.” To the Founders this term was generally used to mean the entire collection of individual citizens, “none omitted.” In our day the term has been socialized and is used by the government to mean generally, “the people” in general where specific exclusions are allowable as determined by the Government. This is Karl Marx’s philosophy of social control by “the people” through Government - rendering the term “public” and “the people” to be alternative forms of the word “Government.”
• Many State Constitutions have incorporated the “Right to Bear Arms” but have clarified it as an individual right.

Action Steps:

1. Read Principle 219 in Dr. W. Cleon Skousen’s “Making of America.”
2. Memorize a quote from one of the Founding Fathers related to this discussion to have at your disposal for common discussion.
3. Research what it requires in your State to carry a firearm (concealed or not concealed). Obtain a permit if desired.
4. Contact your Congressional representative and your State Senator’s office to see where they stand on the issue of “individual vs. collective” rights related to firearms.
5. Research your own legal & ethical responsiblities related to being a member (or an eligible member of your family / circle of friends) of the unorganized militia of your State.
6. Contact your Governor’s Office and your State elected officials representing you to identify where they stand on the issue. Prepare a one page summary of what you learn as a result of these action items and mail it to each of these officials in a letter form - requesting their feedback.
7. Create a family and friends quiz on the following questions - research the answers and discuss them with your family/friends after having them take the quiz…
   1. Where in the Constitution of the United States is the individual citizen’s right to bear arms (own and carry firearms and other weapons) protected?
   2. How do we know that this is an individual right rather than a collective right for specific groups like State organized militia such as the National Guard?
   3. Why would the individual citizen in the United States “need” or “want” to own and carry firearms? Isn’t police force the only appropriate place for domestic use of firearms?
   4. What is the actual result of gun control laws in America since the mid 1850s? What is the inherent flaw in these laws?
   5. What is the consequence of disarming the citizenry - short term & long term?
   6. What is the legal definition of the state militia & who are each state’s militia?
   7. How many times has the Supreme Court ruled on the Second Amendment being an individual right of citizens?
   8. What is the difference between the “right to bear arms” in general and owning a particular type of firearm like a hunting rifle, a pistol or a machine gun?
   9. What is currently required in your State if you’d like to have a weapon concealed or unconcealed on your person? In your car?
   10. What is the name of the current case pending before the Supreme Court on the subject?

Resource(s):

Date: Monday March 17, 2008
Source: Washington Post - “D.C.’s Gun Ban Gets Day in Court”
Author: Robert Barnes
MRFC Principles: (11, 12, 13)